Legal Question in Family Law in Washington
regaining custody of my 13year old boy
my mom has custody of my boy how do i go about regaining custody of him? isnt he of age to choose who he wants to live with?
2 Answers from Attorneys
Re: regaining custody of my 13year old boy
The big question that needs to be answered here is: Why does your mother have custody of your son? If that condition has changed you may be in a position to seek to have custody returned to you, but the burden is on you to take action and prove you are capable of being an effective parent. A child's opinion will be listened to and given more weight as they become more mature, but a child's opinion is not determinative, adults are responsible for protecting and careing for children and doing what is best for them.
Re: regaining custody of my 13year old boy
Bottom line is children get to decide where they live when they turn 18. If your mother has custody, you must have been found not fit to care for the child. If that has changed - if you have made a significant change in your life and become fit again - AND if the circumstances for the child have changed for the worse AND a change in custody would be in the child's best interest, then yes, you can petition to modify the orders.
But if you are wrong or don't have a sufficient basis to do this you could owe your mother attorney fees.
Hope this helps. Elizabeth Powell