child wants to live with dad

[dee]

the child has lived with me grandmother almost all his life. he went with his mom this last school year. he is 11. He hates it there. pretty bad mess. he is visiting with his dad and family and doesnt want to come back. his dad is going to try to change custody. it is joint with her as primary. all he wants to do is change him to primary. dad lives in colorado mom lives in texas, divorce was done in colorado.  now that he is there with his dad can she force him to leave without going to court? she promised the son she would think about it if he would come back first  is that a good idea. if he says no can she make him leave please help

[wendl]

Dad must go by the court order until it has been changed. If dads visitation is over, he must return the child to the custodial parent, if he doesn't he is in contempt of court.

He would need to file a motion with the court requesting change in custody and/or parenting plan.

This can be a long process and costly as well.

I suggest he contact a family law attorney and talk with them.

:)

*******Sorry bm and her friends are stalking me and printing what I write"

"Whatever I write is my opinion based on being a mother and a stepmother and things I have gone thru, in no way am I giving legal advice as I am not an attorney."*********

[joni]

Jurisdiction can be tough.  Under UCCJEA, the child's home state is Texas if the child's lived there more than 6 months BUT you may be able to have the case heard in CO because the order was in CO and you still live in CO, which may still give you jurisdiction.  Be the first to file.  And get an attorney who's intimately knowledged in UCCJEA.

[bat-mite]

If the child refuses to leave dont force him contact an attorney, then write th primary parent and explain that the child refuses to leave and your fear is that he may run away( if this is true) because the child has threatened to do so.  let the primary parent file papers to have child returned to texas and you find an attorney there in texas appear in court (without the child) most often the courts will change custody because it could be harmful for the child to return (if it could cause him to run away) and would not be in the child best interest. (you will be accused of brain washing the child) be calm and concentrate on why the child wants to live with you? is he unhappy? not getting along with primary parents significant other? etc.  or is it because you let him stay up later at night? have the latest video games? dont decipline for not having room clean? he might have a crush on the little girl who lives down the street? tell him that you would love to have him live with you but, you really need to find out the truth as to why he wants to live with you.