I have had custody of my son for 17 yrs. Now my son has decided he wants to go live with the other parent because he doesn’t like the rules in my house and says he doesn’t like my new wife. Now my son will graduate in May of 2014 and will turn 18 in July of 2014. So I still have legal custody of my son but could my ex try to get custody of my son at this point. Personally, I don’t see the point of the ex pursuing it due to his age…but want to get a pros opinion. Thanks.
I probably should add in, the son has physically gone to live with the ex for about 2 weeks and is telling me he is not coming home.
If the parties agree where the child will live, it does not seem necessary for either to seek a modification of child custody through the court for such a short period of time. If you are in agreement, you could enter a consent order to modify or a modification of the separation agreement to memorialize the change in custody.
Actually, I am not in agreement. Should I file a contempt case because the other parent is allowing my son to live there against our current custody order? And what happens with child support in these cases? Right now, the other parent is supposed to be paying me child support through Social Services. Everything is kind of a mess right now.
Yes, you can file a motion for contempt for the opposing party’s refusal to follow the current court order. If you do this, you will open up the door for the other party to file a motion to modify the custody arrangement. Since your child is 17 years old, the court will take into consideration where he wants to live. We have a good article on when a child gets to decide where he lives or if he visits that may help you decide how you should proceed.
Update: My son is still living with the ex…I have repeatedly tried to resolve this with the ex and told her that I do not agree with my son living there and she is in violation of our existing custody order. I have demanded that the ex bring my son home on numerous occasions. My son says he is not coming home that his mom tells him he can do what he wants and live where he wants to and does not have to listen to me. I have tried to explain that their is a custody order that has to be followed but my ex does not seem to care as she tends to not want to follow the rules.
So I recently got paperwork that my ex has filed with CSE to try and have child support terminated. My question is can the ex terminate child support through CSE when I still have custody of the child but the ex is just not bringing the child home? I would think that the ex would have to go to court and get custody modified first.
And in the meantime, ex has not paid child support on current obligation since end of January (like I said does not like to follow the rules).
A child support obligation is usually calculated using the overnights contained in the child custody order, but if she presents evidence that the parties are not following the child custody order, the court can modify the child support order according to the custody schedule that is actually occurring. If the case is through child support enforcement, the court can actually change it so that you would have to pay her. The court usually makes changes to the custody order retroactive to the date of filing the motion.