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    CooperNiko's Avatar
    CooperNiko Posts: 2, Reputation: 1
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    #1

    May 23, 2009, 02:47 PM
    Can my boys choose to live with me? I am the dad
    Hi, I am a very involved dad to my boys 9 and 6, they both would rather live with me and I would love to have them. Can I realistically win in court if their mother doesn't care what they want?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    May 23, 2009, 02:53 PM

    She (the mother) can go into court and say she would rather they live with you or something to that effect. The problem is when the other parent fights for custody.
    Is there a court order in place now or have you or she filed for a support order?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    May 23, 2009, 02:53 PM

    Children can't choose. They can express a preference, but the judge will make the decision based on the best interests of the children.

    Generally its pretty hard to change custody, especially if the other parent fights it. You would have to prove the mother unfit. However if she has no objection it should be pretty smooth.

    Bottomline is you need to file for a change in custody. You need to explain to the judge why you think the children will be better off with you and then hope for the best.
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