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    A Somerset's Avatar
    A Somerset Posts: 1, Reputation: 1
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    #1

    Jul 16, 2012, 03:28 PM
    What age can my son choose to live with me I have joint custody
    I've had contact with my son for years now for the last year my son has made it clear he is not happy at home with his mother and has stated he would rather live with me and have the contact with his mum he is 9 years but 10 in march his mum has stopped contact with me depite having a court order her reason is that she thinks I have more money coming in than I do what can I do
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #2

    Jul 16, 2012, 05:17 PM
    18, when he is an adult. Until then, you have to abide by the ustody order. If you don't like it, petition for primary custody. A court may take into consideration the wishes of you son (depending on your location) but will make a decision based on his best interest.
    timothy101101's Avatar
    timothy101101 Posts: 12, Reputation: 0
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    #3

    Jul 16, 2012, 05:30 PM
    Agreed 18 is the legal adult age but I'm sure a child can leave home at 16 as I personaly chose to leave home at 16 and lived with my father for 2 years.

    p.s she has to keep contact with you despite her personal issues as you have a court order.
    If she fails to then you can argue your case in court for a more secure agreement maybe even full custody.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 16, 2012, 09:36 PM
    The child does not get to decide, you may file to modify the court agreement, at 10 most courts may not even allow him to testify.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 17, 2012, 03:43 AM
    Quote Originally Posted by timothy101101 View Post
    agreed 18 is the legal adult age but im sure a child can leave home at 16 as i personaly chose to leave home at 16 and lived with my father for 2 years.
    Where was this? This probably happened because your mother didn't protest. There is nowhere in the US where a child is allowed to make the decision. Custody is based on a court order.

    Please be more careful about the accuracy of advice in the legal forums.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 17, 2012, 03:45 AM
    As noted, a child cannot make this decision. Only a court can. At 10 your child's preference may not even be heard, let alone given weight.

    If the mother is not adhering to court orders, then go back to the court and ask for her to be held in contempt.

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