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    parent76's Avatar
    parent76 Posts: 1, Reputation: 1
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    #1

    Dec 12, 2010, 08:45 PM
    Fustrated Mother
    I'm a fustrated mother of a 15 year old son he no longer wants to reside with me since the rules are stringent. He now wants to reside with his father however his father won't take him without going to family court. I went to family court to have custodial guardianship transferred to biological father I was informed that I could not petition the court his father had to. I sent his father to family court and his was informed that in order to have his petition approved he would have to paint as an unfit mother which I am not.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 12, 2010, 08:49 PM

    And this is happening since you don't have an attorney

    You and he come up together with a plan, he submits it to the court and you approve it, it is presented to the court and they approve and sign off.

    You will be assigned to pay child support of course when he gets custody.

    I would say that he is either not telling the full story as to what he was told, ( perhaps he really does not want the child and making excuses not to file))

    But custody is changed easy when both parties agree, and can be changed for many reasons other than unfit parent.
    But there is no fill in the blank forms and he is perhaps asking a clerk who can not legally even give him advice
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Dec 13, 2010, 03:29 AM

    Either of you have the ability to file. And as Chuck said it should be a cake walk in the courts since you both agree.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 13, 2010, 05:11 AM

    I'm not sure about either of you having to file. In some areas (ANY question on law needs to include your general locale as laws vary by area) the NCP has to file for a change in custody. But I agree that it should be a slam dunk if the CP is not fighting it.

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