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son wants to live with me

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C

countess

Guest
What is the name of your state?
New York

My son has lived with his father since I have moved out of the house with our daughter and got remarried. Now my son who is 14 would like to come live with us. Our houses are about 1 mile away from each other and my son would not need to change his school. According to the divorce papers, I am the custodial parent and we have joint custody of the children.

The problem is my ex does not want my son to live with me. My son has tried talking to his dad about being home more and not drinking so much. It apparently hasn't helped much. My son is going through a rough time right now and has been speaking about this with his guidance counselor.

My question is, in the state of New York can a child his age decided which parent they would like to live with?

Thank you.
 


stealth2

Under the Radar Member
No. However, at his age it is very likely that a judge would give his wishes some weight.

How is it that you have custody, yet the kid lives with Dad?
 
C

countess

Guest
We have joint custody, but I am the custodial parent. At the time we did the paperwork we agreed on this. But my son wanted to stay with his father. So we agreed he would.
 

stealth2

Under the Radar Member
Well, technically, you would not have to return your son to his Dad after a visitation. (I wouldn't do this w/o speaking with an attorney.) But I would expect that your ex will file to have the boy returned to him on the basis of your mutual agreement and that the kid lived with him for whatever period of time.
 

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