Legal Question in Family Law in California
Son wants to move in.
My son is about to turn 14 and he just told me that when he does (turn 14) he chooses to live with me. I have never disscused this subject with my son, so I am unsure where he gets this information (I know not from the ex-husband). Is this infact true? I would love it if he could, but I don't know what my legal avenues are here. I don't want to get into another long battle with the ex if there is no hope, just to have him (the ex) turn on my son.
Sincerly,
Please Help in California
3 Answers from Attorneys
Re: Son wants to move in.
In custody cases the opinion of a child can be considered by the judge, but it is not controling. Perhaps you should discuss this with your son, to find out why he thinks he will be coming to live with you when he is 14.
Before you take any action you should discuss the facts of your case with an attorney with experience in family law.
Re: Son wants to move in.
I agree with Lyle. A 14 year old does have a lot of say in this situation. If the reasons are sound there could well be a change in custody.
Re: Son wants to move in.
I concur with the two other attorney's. Avoid any attorney who tells you that it is a sure thing, but a judge is going to give strong preference to the desires of the child. That is the same way that you should handle your son, listen to why he wants to move, does it make sense for him, is he giving the right reasons to want to move. He still wants you to be the adult in his life and to make this important decision for him (whether he says that or not), let him know that the adults in his life will make the decision in his best interest giving strong preference to his desires. It should be a fairly simple motion but you must be prepared for complications. Interview a couple of attorneys and choose the one who gives you the most realistic advice consistent from what you have heard from the attorney's here. Obviously, with the limited facts that we have we cannot give you a good opinion, but can give you some guidance. Good Luck, Pat McCrary