Legal Question in Family Law in Massachusetts

Physical Custody from Joing Custoday age 16

My youngest son is 16 and he is not doing well in school, NH, and is also hade some minor issues with the law. I live in Mass with my girl friend who has offered me taking him in. his mother has little or no control of him and I feel he needs some tough love to get straihgtened out. He agrees with me and wants to move in with me. The divorce papers state that we have joint legal custody. Is this a decision he can make on his own? Do I need to petition the court? There is child support involved but I can wait to get that settled, I pay her 250/wk. Time is critical because of school quarters.

Greg


Asked on 12/11/06, 1:47 pm

2 Answers from Attorneys
Jerome Aaron Law office of Jerome L. Aaron

Re: Physical Custody from Joing Custoday age 16

You would file a complaint for modification. It is not clear from your answer whether Mass. or NH is the correct place to file. Generally, if your son has been living with his mother for more than 6 months, you would file in the jurisdiction where he now lives. You should first try seeing if your ex will agree to do this voluntarily. 16 year-olds can usually live where they wish to live.

Read more
Answered on 12/11/06, 2:31 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Physical Custody from Joing Custoday age 16???

I agree.

The state of residency of the mother controls where the modification action is filed.

Read more
Answered on 12/11/06, 3:24 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts