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-   -   Child custody (https://www.askmehelpdesk.com/showthread.php?t=386437)

  • Aug 13, 2009, 05:51 AM
    hls2006
    Child custody
    My son is 7 and wants to come and live with me but his mother won't let him where do I stand and how do I go about changing it
  • Aug 13, 2009, 06:09 AM
    N0help4u

    Do you have any custody/visitation order?
    If you don't you need to go file at the family court.
    File for joint physical and legal custody and vistation.
  • Aug 13, 2009, 06:42 AM
    hls2006
    I see him every weekend will that help my case
  • Aug 13, 2009, 06:43 AM
    J_9
    Quote:

    Originally Posted by hls2006 View Post
    i see him every weekend will that help my case

    Have you been to court? Is there a visitation order in place?
  • Aug 13, 2009, 06:44 AM
    N0help4u

    BUT Is it court ordered?

    Yes it will help your case BUT if you don't get it court ordered and it is just an agreement you don't have anything backing you up and she could just start saying NO to visits.
  • Aug 13, 2009, 06:46 AM
    hls2006
    OK thanks
  • Aug 13, 2009, 06:47 AM
    J_9
    Quote:

    Originally Posted by hls2006 View Post
    ok thanks

    "ok thanks" What?

    Have you been to court or not?
  • Aug 13, 2009, 06:50 AM
    ScottGem
    Quote:

    Originally Posted by hls2006 View Post
    i see him every weekend will that help my case

    Actually no it won't help your case at all. For there to be a change in the custody order, a judge would have to rule its in the best interests of the child. This would mean proving that the current situation is not in the best interests of the child. Which would be difficult.

    At 7 the child's preferences will not be given much weight is any.

    What you NEED to do is file for a modification of the existing custody order (if there is no order then you have to file to establish one). But before you do this I strongly suggest that you contact a local Family Law attorney who can advise you of your chances.

    Why does the child want to change? What are the circumstances that resulted in the current custody/visitation arrangement? We really need more info to help further.

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