Modification of custody order


#1

My son is 14 will be 15 in June, he has told myself and his mom he would like to live with me and my wife, my ex wife “his mom” has sole custody and all I have is visitation, the order was entered when the child was only 2 and I think the best place for a baby is with its mom, now he is older and wants to live with us, she is fighting it in court, we are representing ourselves but are very nervous that they will be able to do something to prevent it, what can we do? The mother will not even discuss any changes with me, she has never allowed my any say in our son’s life and he is at the age that he wants me involved. Please help.


#2

If your son wants to live with you I think that is great, however, I think a child’s feelings on this should be considered but not the sole reason for a change in custody (especially after 13 years).

I don’t blame your wife for fighting this if that is the only reasoning…

Just curious, why the change after 13 years…the judge will ask the same and decide if it is truly in the child’s best interest.


#3

In order to change custody you must prove that there has been a substantial change in circumstances which warrants a change in the current schedule. While judges will often hear from children ( in private) their wishes are not controlling. A judge will consider any an all evidence presented to determine what is in your son’s best interests. If you can prove that something has happened which has changed the relationship your ex has with your son (other than his reaching his teenage years) or her ability to care for him you will have a chance at a modification.