My son wants back living with me.

[n3noa]

I in mediation about 1 1/2 months ago lost him in mediation hearing but he now hates being with his mom and wants back with me I was told i can call mediator and have it reversed since my son is 13 1/2 now. Is true or do I need go to fulll custody suite again.

[mistoffolees]

You would need to say what state you're in to get a good answer, but I would suggest that you talk with your attorney.

My gut says that if you had full mediation only 1.5 months ago and the son has changed his mind this quickly, it's going to reduce the amount of emphasis the court places on his opinion.  If, OTOH, son ALWAYS wanted to be with you, but the mediation went against his wishes, you have a better chance.

At 13.5 years old, most courts will give considerable credence to the wishes of a child, but may not reverse a ruling (particularly a very recent ruling) on that basis. It will depend on how mature they think the child is and how well thought-out his request is. This quick change would work against that.

Bottom line, though, is that you have a ruling only 1.5 months old and you're asking the court to throw it out. You need a pretty strong reason. My gut says that "my son doesn't like it' by itself won't do it. But see an attorney.

[n3noa]

My state is PA my son does want with as soon as can he getting real sick of his mom. I been told since he 13 he can refuse not go back to his maom after visit and he can say to cops he wants to be here and they can not make him go to his mother hope this true

[mistoffolees]

You could talk with an attorney in PA, but I'd be surprised if a 13 year old could simply say "I want to live somewhere else" and the court would accept that without question. In general, the older the kids are, the more the court will listen to them. The more rational their reason for wanting to change, the more the court will listen to them. The more consistent they are, the more the court will listen to them.

A 13 YO who wants to change simply because he doesn't like one parent just a couple of months after the court ruled differently just doesn't sound too convincing, IMHO. But I'm not familiar with the laws in PA, so I could be wrong.

[n3noa]

My attorney says i have to go a full custody suite again to try get him back. I been told from couple ones that if he comes for visit and refuses to go home and cops show they can not  make him go as long as he says he not wants to go home so I trying find out for sure on this

[mistoffolees]

>My attorney says i have to go a full custody suite again to
>try get him back. I been told from couple ones that if he
>comes for visit and refuses to go home and cops show they can
>not  make him go as long as he says he not wants to go home so
>I trying find out for sure on this


Do yourself a favor and go with what your attorney tells you. You're setting yourself up for a battle and/or a contempt charge.

[n3noa]

I now have found i just need to modify custody order not full fledge suite I just need to seem so extreme changes in circumstances to do it.

[mistoffolees]

That was my initial comment. I don't see any evidence of a change in circumstances.

As I said, do yourself a favor and go with what your attorney tells you (unless you have reason to think the attorney is incompetent - in which case you should get a different one).