Custody need to be change

If the child is currently living with his aunt and not your ex-spouse then you are already not abiding by the court order.  There has clearly been a change in circumstances from what the divorce anticipated.  This would allow you to go back to court and for modification of the custody provisions.  Your son's preferences are one of many factors the court is required to consider, but it is just one factor.  Ultimately, the court must determine what is in your child's best interests, not necessarily what he wants. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.