Legal Question in Family Law in Massachusetts
Father Filing for Custody of 15 Year Old Son
My husband wants to file for custody of his son who will be 16 in Oct.2008. The son wishes to move in with his father at his own will. Since he is at the age to make his own decision, how should we go about doing this without a lawyer. We can't afford to pay $5000 to do so. Is it possible to file for custody and be successful without the legal help from an attorney?
1 Answer from Attorneys
Re: Father Filing for Custody of 15 Year Old Son
You can certainly seek this. Please note that there is no set age at which a child decides who he or she will reside with. As a practical matter, though, children are known to "vote with their feet in this age group, and the Court understands that the parent "chosen" is often better than the streets.
At age 17, the Court loses authority over the child as a juvenile.
You should probably try to mediate this before the school year begins, and should file your modification sooner than later.
An attorney is never required, but often helpful. In addition, this sort of situation is likely to cost far less than $5,000.00, unless your husband has significant issues which would normally make him a poor choice as custodial parent (and, in that case, an attorney may be of no use).