Legal Question in Family Law in Delaware

Re: Son wants to live with me

You will have to make a motion for a change of custody. The court will probably appoint a guardian to represent your child's interests.

Daniel Clement

Re: Son wants to live with me

At the age of 14, the Court must "hear" the child speak directly. Before that time, the child must speak through their court appointed Law Guardian Attorney.

However, I caution you NOT to put your child between you and his mother, under any circumstance.

DO, attempt to negotiate an aggreement with your Ex before Court, to avoid putting your child in the middle. Again, Keep your child away from Court. Do allow him to tell his mother what he wants and why....without blame or complaint....But, remember he wants both his parent's.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ.

Re: Son wants to live with me

Ms. McAlister is correct in advising you try avoiding bringing your son to court. However, the court has discretion in weighing the child's opinion as to what is in his own best interest. At 12, the court may give it significant weight, depending on his reasons and other circumstances. If you can't reach an agreement with his mother, you may want to file a petition to change custody. Feel free to call me at 212-367-9167 to discuss this further.