Is it worth going to court?

[hopeful_25]

BD and I have joint legal custody.  12 yr old ss is begging us to have him come live with us and go to school here in August.  DH asked BM to talk with about the subject and she cussed and hung up on him.  She refuses to discuss this with him.  SS is about to have a new step dad who is ill like the one that recently passed.  He is bringing with him a son and daughter.  Currently, his kids have taken over SS's room and he is sleeping on the couch.  Every day he is here he asked why we don't get him to stay.  The decree says if it is not able to agree than the court shall.  Should we pursue this(and on what grounds?) or just ride it out until he is 14 and can decide by state law?  Thank you in advance for any advice.

[CustodyIQ]

It sounds like there are some legitimate reasons why your stepson would want to live with you.  A 12 year old should have the privacy of his own room, if not shared with a close sibling.  New stepsiblings taking over his prior bedroom, a new stepfather so soon after the prior died... I think a judge would give some credence to that.

It's not a slam-dunk by any means.  But a 12 year old is of enough maturity to discuss the matter with a therapist, evaluator, or counselor and have his voice heard in the court (in one way or another).

If you have several thousand dollars to go for it, then you have an okay shot at it, I think.  It's really going to come down to the judge's decision, could go either way.

Worst case scenario is that you blow a wad of cash... but stepson will know that his dad and stepmom heard his concerns and tried to act in his interest; and that alone may help him cope.