SPARC Forums
Main Forums => Custody Issues => Topic started by: kay81 on Jul 31, 2012, 02:10:52 PM
Ex has custody after taking me back to court when I moved from the state I was in to another to make a better life for the children. Ex was already living in a different. My soon to be 14 year old son wants to live with me and go to school instead of his dad. States I can help more with school and he can get back on honor roll. How can I go about this? Ex will not hear of the change. Have tried the nice way of talking to him.
It can not be done unless ex signs custody over to you. If he won't then you would have to go for custody change and have a big reason why there should be a change (neglect, child failing school). As the child gets older, they have a say in court but can not decide or change a court order. The courts will listen to the child around 14 but will make a decision on what is best for child. Since this involves 2 states it will make it harder to do. The time you get into court, school would have started for this year.
Is child going to HS now? Is there a difference in HS? If child is going to HS next year, you can start court with the intention that it would not go into effect until next school year but still have to prove why there needs to be a change.
You'll have to ask the court to change the custody arrangement and you'll need to show that the child would be better off living with you than where he is now. FYI, most courts are reluctant to change custody at this age (14) without a really good reason.
This may help: Changing custody: substantial change in circumstances (http://deltabravo.net/cms/plugins/content/content.php?content.178)
Quote from: kay81 on Jul 31, 2012, 02:10:52 PM
Ex has custody after taking me back to court when I moved from the state I was in to another to make a better life for the children. Ex was already living in a different. My soon to be 14 year old son wants to live with me and go to school instead of his dad. States I can help more with school and he can get back on honor roll. How can I go about this? Ex will not hear of the change. Have tried the nice way of talking to him.