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    smstone1290's Avatar
    smstone1290 Posts: 2, Reputation: 1
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    #1

    Nov 9, 2007, 11:33 PM
    Child Custody
    I have a 15 year of Son that wants to live with me. His mother and I are getting divorced and the two of them are fighting constantly. Can he just come to my house and how do I get custody?
    K_2's Avatar
    K_2 Posts: 92, Reputation: 5
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    #2

    Nov 9, 2007, 11:38 PM
    If there is no custody orders in place and you two are separated, then I would see no reason why he couldn't live with you as you both have custody really. Someone will correct me if I am wrong, but given the age and no current custody order this would be my answer. To get custody, you need to have your lawyer(I assume you have one if you are getting divorced) file for custody. If you don't have a lawyer then you get one and file for custody.
    smstone1290's Avatar
    smstone1290 Posts: 2, Reputation: 1
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    #3

    Nov 10, 2007, 12:01 AM
    Quote Originally Posted by K_2
    If there is no custody orders in place and you two are seperated, then I would see no reason why he couldn't live with you as you both have custody really. Someone will correct me if I am wrong, but given the age and no current custody order this would be my answer. To get custody, you need to have your lawyer(I assume you have one if you are getting divorced) file for custody. If you don't have a lawyer then you get one and file for custody.
    The Judge said One Week here and One week there. Does he have to stay there.
    Narlo's Avatar
    Narlo Posts: 7, Reputation: 1
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    #4

    Nov 11, 2007, 05:11 PM
    Quote Originally Posted by smstone1290
    I have a 15 year of Son that wants to live with me. His mother and I are getting divorced and the two of them are fighting constantly. Can he just come to my house and how do I get custody?
    Luckily he is old enough to know what he wants to do, so he can just come to your house and stay. When you go to court for the matter, be sure he tells the judge that he would like to stay with you. He has too, not you!
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #5

    Nov 11, 2007, 05:15 PM
    If there is a court order stating "one week here one week there" then it is your obligation to make the child available for that court order. Now, if your son refuses to go... there is nothing you can do... you don't have to force him to go. Your ex can take you back to court for this, but at this time make it evident to the judge that it is your son that doesn't want to go, but you are following the court order by not trying to prevent him from going. Then the judge can talk to your son and see if the custody order should be changed.
    godiva's Avatar
    godiva Posts: 47, Reputation: 4
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    #6

    Nov 11, 2007, 05:29 PM
    Quote Originally Posted by smstone1290
    I have a 15 year of Son that wants to live with me. His mother and I are getting divorced and the two of them are fighting constantly. Can he just come to my house and how do I get custody?
    Custody laws are changing constantly and differ from state to state. In Minnesto you do not need a lawyer. You can file it in family court. The court will appoint a gaudianadlidum for your son. She will question him on what he wants and interview the parents. She will then advise the court as to what she feels is in the best interest of the child. Personally I would hope you could settle this out of court. You might start by pointing out to your wife that their relationship may improve if he were to live with you. Distance makes the heart grow fonder
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