No custodial or visitation documentation...can I keep him?

[cw]

Currently there are no official custodial or visitation orders through the courts. I live in Arizona and my 11 year old son does not want to live with his mother. I am working on getting the money together to file for sole custody and currently the only order through the courts is child support. When my son is visiting me and does not want to return home, can I legally keep him or would this be kidnapping? The last thing I want to do is break the law! Can someone please help? Thanks!

[Giggles]

Simply because it will not look good in the eyes of the court.  My X did something simular and the judge reamed him a new one.  My suggestion is to file for custody and have a detailed parent plan with that filing.  Because the child is 11, the courts do not have to listen to his wishes, however, they may take them into consideration.

You stated that you are in Arizona, is the BM there as well?

[cw]

Yes, the BM is here. My son will be turning 12 on March 15th. THat will make all the difference to the courts as far as hearing his wishes.

[Giggles]

Are you able to discuss things on a civil level?  What are the reason's son says he wants to be with you?

What you may want to do, and ONLY if the BM seems reasonable, is to approach her and discuss possibly doing 50/50?

Oh and just because the kid wants to change doesn't necessarily mean the judge will automatically make it so.  Most have to have some sort of change in circumstance.  You'll need to have all your ducks in a row...that's why you'll need to propose a detailed parenting plan!!