Legal Question in Family Law in Mississippi

My 14 year old son wants to live with dad, but mother has legal custody.

My ex-wife & I divorced 13 years ago. I agreed that, at that time, it was in the best interest of my 2 sons to be in her custody. I have been paying child support and am current with the payments. I live 500 miles away from my ex & my sons. They spend their summers with me and my current wife of 11 years and our son. Last summer my then 13 year old son asked me if he could come live with me. I explained to him that in order to do that I would have to take his mom back to court & that I did not want to hurt her like that. He let it rest until this summer visit. I have to have him back with his mother by 8/2/05, and as that time nears he has not been sleeping or eating. He has cried to me that he wants to be with me. What would be the legal process for him to be able to live with me? Can he, at age 14, say he wants to live with me and if I did not take him home would I be breaking the law since she does have full custody? I do not want to do any thing illegal, but seeing his behavior lately is killing me. I do not know what options I have...


Asked on 7/26/05, 11:05 am

2 Answers from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: My 14 year old son wants to live with dad, but mother has legal custody.

Assuming Mom doesn't agree, you will have to show a substantial change of circumstances has arisen that adversely affects the child. You have evidence but you need witnesses other than yourself. You should also have your son evaluated by somebody who can testify about the adverse affect the approaching return is having on your son.

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Answered on 7/27/05, 10:33 am
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: My 14 year old son wants to live with dad, but mother has legal custody.

You are correct that, at age 14, the child has a say, but it is not a binding say. Only the court can change the custody arrangement, but if you and the mom agree on things, it could possibly be as simple as getting an agreed order entered with the court. Either way, the court (and your attorney) must be involved in order to make this official change. Keeping him would violate the court's order and subject you to a contempt charge and dilute your future chances of ever getting any form of custody. I would talk to the mom asap and see if the ball can get rolling.

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Answered on 7/26/05, 12:12 pm


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