QUESTION

Can my husband make my 14 year old son live with him even when my son says he does not want to?

Asked on Jul 02nd, 2014 on Child Custody - North Carolina
More details to this question:
We have joint custody. My son lives with me. My ex'es visitation is every other weekend which he does not do regularly. My ex says my son wants to stay with him and my son says no.
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2 ANSWERS

Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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If you have a custody order, then your ex would have to file a motion, go to Court, and convince the Judge to modify the order giving him primary custody by showing the Court that (1) there was a substantial change in circumstances since the last order was entered and then (2) that the change had an adverse effect on the child and then (3) that it would be in the child's best interest to have custody switched to Dad. It is a relatively complicated process for him. The short answer is no, he cannot make your son live with him if there is an order that limits his custodial time to every other weekend.
Answered on Jul 03rd, 2014 at 4:06 PM

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The short answer is no. You say you have joint custody, which I assume means you have a court order. If this is correct, then only a judge can change the current custodial provisions absent mutual agreement otherwise of the parties. As an aside, a 14 year old will often be allowed to have a say in where he/she wants to live, but the child's wishes are not always followed.
Answered on Jul 02nd, 2014 at 10:44 PM

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