Legal Question in Family Law in California
My son wants to live with me, how do I get custody
I have been in NY for 2 yrs I left California for military duty. My ex-wife has custody, however, my son wants to stay with me now because he is not getting along with his mother or her new husband. (She is extremely strict with her punishments and he just doesn't get along with the new hubby, who is always reporting my son's every mistake to his mother to get him in trouble). He did not come home from school today and is missing it's now 11pm in California and still no word of his where-abouts. The mother say's she's going to put him in a boys camp when she finds him, or he returns home. I informed her that I disagree with him going to a boys camp. She replied that she doesn't care about what I want, he's going to learn to respect me as his mother. In a previous conversation, my son told me he is going to family therapy and is very depressed about living with his mother. Can she have him sent to a boy's camp against my will. Also,what are my chances of getting custody. She is working, has a good job, and a--name removed--he has his own room). I am in the military, and I rent a 2 bedroom apt where he would have his own room.
3 Answers from Attorneys
Re: My son wants to live with me, how do I get custody
Move away cases (distance separated parents) are getting more and more difficult (case pending with the US Supreme Ct), coupled with the fact that you are quite a distance away, so you will likely need the assistance of an attorney. However, the circumstances of your case might warrant it as the courts look to the best interest of the child and allow the move away, based on the facts/circumstances. Of course, all the facts are not presented in your query, but your son is MIA which indicates that he is in need of some type of intervention and should she truly seek to place him elsewhere, you may have a great shot at it... do you have joint legal custody? Joint legal means that she has to confer with you (and obtain approval) to place him elsewhere...
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Re: My son wants to live with me, how do I get custody
If your son is "placed" with anyone (or any place)other than with his mother, you probably would have "standing" to immediately seek his custody and residence to be place with you, his natural father.
Of course CA is your child's "home state" and the matter would be subject to CA jurisdiction and CA Courts; And, any terms or conditions of your divorce stips and agreements.
However, if your son is at least 14yr/old, you have employment, the time and housing that would be good for your son's health, safety, education and wellbeing, then you may have a good chance of success.
Recc: Talk to your son. Have another family member w/ child experience talk to your son, for perspective. Then make a PLAN that puts your son's needs and interests in the forefront.
Good luck,
Phroska L. McAlister,ESQ
Re: My son wants to live with me, how do I get custody
File your motion to change custody with the court that has made the current custody order, unless that order was not made in California. If it was made in NY, then file your motion there. If made in a state other than NY or CA, then you will need to register your order with CA, in the county where the child lives and them file your motion. You will want to retain an experienced custody attorney. I would suggest that you have a high probability of success if gaining primary custody of your son. Good Luck, Pat McCrary
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