CUSTODY OF 13 YR. OLD

[babedol]

Please help us.
My husband has two children a 13 boy and 12 a girl.
They live in New York with their mother and we live in Texas.
Father and Mother verbally agreed to long distance visitation and Mother has Father Sign and notarizes paper stating when he get children and when has to return them. Also paying for round trip plane tickets. And agreeing to return children unless court is petitioned.
Father petitioned the court for physical custody of the 13 yr. old boy.
My husband has joint custody right now.
The mother is very verbally abusive and to the 13 yr. old boy. Among other things.
He has a law guardian and in the court hearing his law guarding suggested to the court that said child should reside with Father.
The Mother's attorney tried to get him fired and thrown out of court because he said the law guardian was prejudice.
The judge for reasons we still do not understand said we have to return the 13 child to New York.
We are dumbfounded!
The child has repeatedly ask to live with Father, he will be 14 the end of Sept.
What else can we do?
Do we get another attorney?
Any info or advice is welcomed.

Thank you, Tracie and Casey


 

[ocean]

New York is just starting to come around to father's rights. They usually keep the children together. Did he start school by you already? Is that the judge's ruling or does he just want the child back in NY until the court case is over?
If the child has to go back, tell him if his mother is abusive in any way to tell his teacher/counselor at school. They MUST act on a child's word. In order to change custody here, you have to prove the mother unfit. The child's feeling come into play but it is not that heavy until he is a little older.
Good luck!

[babedol]

Hi, thank you for the info.
He has 21 yr. old sibling and 12 yr. old sibling in N.Y. and 2 yr. old sibling here in TX.
He is enrolled in school here in TX.
The Judge ruled that he be returned to his BM until court date and after mental evaluations on child and all parents also a forensic inspection of both homes.
Yes we have informed child to go to school counselor or simply dial 911 if she threatens him or does any abusing to him.
He is a good kid and smart, I have been his S.M for 9 ½ yrs. and in his life for 12 ½. So he is my son too in my heart. We have tried really hard not put words in his mouth or coheres him in any way, except to get him to write his feelings on paper.
Children the age of 12 and up depending on maturity level or able to have a voice in court.
I just don't understand this day and age that Family court's still think the Mother is still the best parent for the child or children to live with.
Thank for any comments or help.:-)