Legal Question in Family Law in California
Son acting out wants to live with parent that has no custody.
My 16 year old son came to live with me in 2002, age 9 as mom went to jail for drugs and in 2004 court ordered sole legal custody to me (father). My son has been in intervention programs all his life. He was allowed to smoke and be out all hours of the night before I gained custody. My parenting technique has always been consistent and strict due to his behavior. She filed for custody in 2006 and custody remained with me but was given sup. visits. She only used for a few months. I filed the visitation report with the court for our review hearing. Negative report and mom never returned to court. Judge asked me if I wanted to close the case I did. Now that he is 16 he is going back to his old habits and is running away and finding his mother. Son now states that he just wants to live with her as she gives him freedom. He begged her to file for custody again. He is failing out of high school and has had behavior problems. Son is begging me to agree to change custody. He is out of control. He said he will ask to live with his mom and that is why he is acting out. My wife and I have been down every ave to get him on track. CAN I just tell mediator to decide what is best for child as I have done my best and son runs away when mad.
1 Answer from Attorneys
Re: Son acting out wants to live with parent that has no custody.
The unfortunate side of allowing your wife to have full custody will be you may be responsible for child support payments. I would suggest mediation to see if a mutually agreeable timeshare might be appropriate. A family law facilitator in your county may be of use.
Good luck,
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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