Legal Question in Family Law in Massachusetts
Child Custody
My son just turned 13, he has been living with his Dad for 6 years. He has for the past 2 years wanted to come back and live with me and I have not wanted to put him through a custody battle. At his age, I believe he has a right to voice his opinion. Is this correct?
2 Answers from Attorneys
Re: Child Custody
If his father is OK with him living with you and he is willing as well, there is no reason to go to court to get an order.
However, if the father is not willing to let him go and the father has full custody, then you will have to go to court to get an order. At 13 years old, he is still not of legal age to determine where he wants to live. However, if he wants to stay with you, the court will listen.
: Child Custody
Partially correct, a desire to move by a child, standing alone, is probably insufficient. There must be some material change of circumstances or an agreement with the DAD to undertake the change.
For a legal modification, you need to petition the Court.
As it stands, you have stated no legal reasons to support the change.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
