what can i do?

[MBRayph66]

What is the name of your state? SC

I live in SC and my ex and 13 y/o son live in TX. My ex gained custody of my son 4 years ago after I had custody of him for 3 years when she dropped him off in my driveway with a suitcase full of clothes that no longer fit him. after a 2 year custody battle it was decided by our GAL and the judge that my son should live in a family unit, since my ex was re-married the day after our divorce was final. My ex moved to Nebraska within 3 months of her gaining custody. I get to see my son for 4 weeks in the summer and 1 week at christmas to include christmas day.
Here is the problem, my son does not want to live with his mom, I am re-married and have a loving family, whom my son loves as well. Is he old enough to testify to a judge his wants/needs? I so desperately want to see an attorney during this years christmas visit. Please help with any advice you may have concerning this

 

[FJ1200guy]

Lord save us from the courts. Men are so dicked, eh?

I would see an attorney. A judge can listen to any child, no matter what age, if he wants to. The weight of the childs words depends on many things, such as the childs maturity, age, ect. It's tough to say how much impact a child will have on a judges decision. It looks like you have an up-hill battle, but I would try.

What do you think is best for the child? Not what HE wants, or what you want... is uprooting him from his current situation worth doing? Be cautious here. Maybe it'd be best at this point to try to expand your visitation?

 

[MBRayph66]

the problem with my whole case is that I lived in a different county when my ex went for custody, the GAL in our case was bias against single fathers. there was in no way any wrong doing on my part, as said by the gal. My ex slandered me all over the court, still no joy for me, none of it true, so not proven. It is also known, that our GAL refused to visit w/any of the folks that I wanted her to speak to, based on the fact that she had a hard time driving the 2 hours to my residence to do such interviews. was this fair to me?

 

[FJ1200guy]

Nope.

 

[Boxcarbill]

I need to know the state which issued the custody order. This will tell me whether that state has continuing exclusive jurisdiction. Even if that state has continuing jurisdiction because one of the parties continues to reside in the issuing state, you may still be able to get the case transferred to Texas under Inconvenient Forum of the UCCJEA. The reason that you want the case heard in Texas is because your child is 13 years old and under Texas law if the child is 12 years of age or older, the child may, by writing filed with the court, choose the managing conservator, subject to the approval of the court. A child of 12 year old are older MUST be interviewed in chambers upon the request of either party. All things being equal, i.e. both parents fit, the court will give preference to the child's preference.

 

[MBRayph66]

Boxcar, the order was issued in SC

 

[Boxcarbill]

Boxcar, the order was issued in SC

Ok, so SC still has jurisdiction by virtue that one of the parties (i.e. you) continue to reside in that state. But that does not prevent you from requesting that the SC transfer the case to Texas under Inconvenient forum. She certainly won't fight the change so it will be granted.

Now, the UCCJEA provides for electronic communication and telephonic communication so you wouldn't have to come to Texas for the case. But for a contested custody case, I would highly recommend that you enter a personal appearance rather than telephonic communication. Nothing speaks like an in court appearance.