Legal Question in Family Law in New York
17 year old wants sudden custody change
My ex-husband and I divorced six years ago; we have joint custody of our three children, ages 17, 15 and 8, placement with me. My ex recently told the 17 y.o the reason for the divorce was that I had affairs (not true) and now my son abruptly refuses to speak with me. He has been at his father's for 2 weeks now, without my permission, and wants to transfer schools for his senior year. There are no rules or consequences there, and he is left to his own devices most of the day. We were having disciplinary issues before he left regarding curfews and finding a job. I have no intention of signing over placement,which they will need to enroll him in a different school district. I assume that my ex will take me to court, and have a judge order a change in custody. One other factor: we have one older son, age 19 whom I did sign over to his dad four years ago, hoping it would straighten him around. It went from bad to worse, and he has a documented criminal and drug history. He was most recently arrested for possession of a weapon. Is there any way for me to get court-ordered counseling for my son and I before a decision is rendered? The 15 and 8 year old no longer want to visit dad;should I allow this as my ex allows the 17 year old to?
1 Answer from Attorneys
Re: 17 year old wants sudden custody change
There is probably little you or the Court can do to obtain your son's compliance.
The Court can order your 17 year old to participate in counseling or other proposed family arrangements, but given your son's age, it would have little force or effect, if your son refused to cooperate.
Suggest that: YOU get the "parenting" and other counseling, in order to better understand and handle what you can and cannot control with respect to your family and children.
Good luck,
Phroska L. McAlister,ESQ
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