Legal Question in Family Law in California
Son wants to live with me.
My son will be attending High School in Sept. 2004. He is 13 1/2 right now and has expressed a desire to come live with me in MI to attend High School. He said since he has spent his elementary and middle school years in CA with his father he would now like to spent his High School years with me. I do not have a lawyer and can not afford one at this time. I plan on filing a modification of custody soon to make sure there is time for an assessment if necessary. Since my son is almost 14 will a judge really listen to him? I am remarried and my son has two step brothers and one step sister in which he is very close to. My brother and nephew live close by. He does have family besides me here in MI. I would appreciate some idea or answers. Thank you.
3 Answers from Attorneys
Re: Son wants to live with me.
It would be less expensive to hire an attorney than it would be to make the trips to California. If you hire an attorney he can prepare all of the paperwork, file it on your behalf and make appearances for you. Yes the judge will listen to you son's reasoned decisions. Good Luck, Pat McCrary
Re: Son wants to live with me.
I believe it is important under circumstances noted that you retain counsel to help you. You may wish to discuss this first with the child's father. Courts would rather the parents and child make such decisions. Will the judge listen to the child, I believe so. Try to work it out with the father if possible. Don Holben 800-685-6950.
Re: Son wants to live with me.
Interstate custody is not easily done, but you can try. It's too important to try to do without a lawyer's input though, so you really have to decide whether to have the kid here in Michigan or send him back.
Even if you want to do it yourself, you need to do a LOT of reading, go to the library and read the case law for both California and Michigan. If nothing else, identify favorable cases in your motion to the court and at least the judge will know a little better the arguments you're making.
It's not cheap, but it really can make a difference for your child, so reconsider whether you want to hire counsel.
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