Please delete this all and ty for the advice...

[xyz1]

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[socrateaser]

>DECISION:
>
>1.   Do I fight this in court?

It depends on whether you can show that the 12 year old is in distress. Take the child to a therapist and see if an independent evaluator finds that the child really wants to remain in NC with you.

>2.   What court do I go to?

Child has lived in MA for more than six months, therefore MA has jurisdiction to modify custody.

>3.   How can I avoid the courthouse?

If father agrees to let the child stay, otherwise, you can't (although you can simply give up).

>4.   If I have a GAL record my son wants isn't that good enough
>for proof?

A GAL is appointed by the court in a pending action. There's no pending action so you can't get a GAL. You can retain a person who would ordinarily be appointed by the court to assess the child's best interests, such as a therapist or a GAL, but, in the end, you will still need a judge to sign off, because if you keep the child beyond the end of summer, then you are in contempt, and you may be in violation of local criminal parental interference laws, as well.

>My ex e-mailed me that me and the two boys that I would have
>to come up there to MA from NC in person to tell him and his
>mom that he (12 year old) wanted to move here)

This is irrelevant. The court order is all that matters.

>5.   What should I honestly do...back off and send them back for
>two or so years or do?/can? I fight this???

A 12 year old is too immature to inform the court of his wishes without being suspect of coercion by you. A 13 year old is borderline too immature.

If you want to fight you need objective evidence, but it will cost you plenty $$$ for the sort of eval that would move the court to grant you temporary custody and/or order you a new hearing.

Clearly, if the kids are still motivated to move two years from now, you would have a much easier case. But, I suspect that as the get older, they will want to stay with their dad. This is just a suspicion -- your mileage may vary considerably.

I can't tell you what to do. The ultimate decision is yours. You don't have an airtight case, because there's no evidence of abuse, or you're not disclosing it if there is. If you can prove substantial abuse, then you can get a temporary order from an NC court. Otherwise, you're gonna have to fight in MA.

[xyz1]

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