My son had lived with me until he was 10 then he decided to live with his dad in in another state. The dad has not let my son return to my house. I have had to go out their and see him. There is no custoy agreement set right now just a preexisting one that worked when he was living here. Upon my last visit I learned that my son is not hapy things are not as they had seemed and he wants to come back. He told me that his dad is abusive and that he spanks him with his cane and pulles his hair and constantly yells. His dad even threatned to put him in a boys home. My son is willing to talk freely about this and will tell exactly what went on. My son is thirteen. My son canot tell his dad that he wants to be with me he will be laughfed at and hit. I am going to go to court to get him back.

The child can not ever decide where he wants to live till they are 18, they may testify in court often around 12 or so a few courts a little younger.

And your original court order is still in place and valid, in fact if there was child support to be paid, the parent who is to pay, still owes it, even if he has the child if no one ever got the court order changed.

So you go get your son and take him home, if you have a court order giving you custody