More details to this question:
my 16 year old son currently lives with his mother which I share joint custody with. I am getting married soon and my son has indicated he wants to come live with us on a permanant basis. I live in Missouri and will continue to reside there and will be moving to a home in my son''s school district so that he may remain in his current school and town. I would like to know if this is a possible situation for our family as we would love for my son to be with us on a daily basis. Mom does whatever she wants in regards to my kids and withholds my scheduled visitation whenever she can. My son misses me and wants to be a part of my life. any help with this situation is greatly appreciated
1 ANSWER
Domestic Relations Attorney serving Mason, OH
Partner at
Kirkland & Sommers Co., L.P.A.
Based on the facts you provided, that is a real possibility. It seems that you share joint legal custody but not physical custody. To seek a modification of custody, you must demonstrate a 'change in circumstances'. Relocation by you to his current school district would suffice to revisit the custody issue.
For a 16 year old, the Court may conduct an interview and use the child's wishes in determining their best interest. The Court will weigh this more heavily since your child is fast approaching the age of majority to make decisions on his own.
Relitigating a custody issue can be time consuming and expensive. It may be more appropriate to seek legal counsel and see about coming to an agreement with your ex then submitting an agreed entry to the Court for approval. It would be a more efficient and cost effective approach based on the circumstances you describe.
Answered on Oct 25th, 2011 at 3:51 PM