Legal Question in Family Law in Massachusetts

14 year old wants change in custody

Ex husband has physical custody (lied to court). My eldest son has wanted to live with me, but has always been denied by his father. He is now 14, has told his father how he feels, but father refuses to discuss it. Can he come for visitation and choose not to return? Do I have to get an attorney and apply for a change in custody? Please help before my son takes this into his own hands and runs away.

Thank you.


Asked on 12/03/01, 5:04 pm

1 Answer from Attorneys

Re: 14 year old wants change in custody

Under Arizona law, your son cannot simply "choose" not to return. His desires are only one factor of many.

I typically suggest that a Petition to Modify be filed shortly before your son arrives.

However, the pleading would have to be filed in the child's home state. If the child's home state is, or recently was, Arizona, then I can help you.

I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 12/04/01, 6:51 pm


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