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hls2006 · Aug 13, 2009, 05:51 AM

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

N0help4u · Aug 13, 2009, 06:09 AM

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.

hls2006 · Aug 13, 2009, 06:42 AM

I see him every weekend will that help my case

J_9 · Aug 13, 2009, 06:43 AM

Originally Posted by hls2006

i see him every weekend will that help my case

Have you been to court? Is there a visitation order in place?

N0help4u · Aug 13, 2009, 06:44 AM

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.

hls2006 · Aug 13, 2009, 06:46 AM

OK thanks

J_9 · Aug 13, 2009, 06:47 AM

Originally Posted by hls2006

ok thanks

"ok thanks" What?

Have you been to court or not?

ScottGem · Aug 13, 2009, 06:50 AM

Originally Posted by hls2006

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.