QUESTION
Will the father of my son be able to take me back to court for custody after my son turns 13?
Asked on Mar 12th, 2014 on Child Custody - Rhode Island
More details to this question:
My divorce was final on Feb 13, 2014. My son turns 13 on March 16. At that point does his father be able to take me back to court for custody?
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to read the judgment, but would think attempting to modify the judgment this fast would not be successful by either party.
Answered on Mar 12th, 2014 at 7:01 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The child turning 13 is irrelevant to making changes in the parenting plan.
Answered on Mar 12th, 2014 at 5:40 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska, the child's age would have no bearing on whether or not a parent can go back into court for a modification of custody. The sole criteria is whether there has been a change in circumstances not anticipated at the time of the last order or decree. Clearly, your child's attaining the age of 13 is an anticipated event and thus would not qualify.
Answered on Mar 12th, 2014 at 11:40 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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A motion to modify custody and visitation can be filed at any time, but there is nothing special about a child turning 13 years old. Historically, a child was allowed to have input on who he/she lived with when they turned 13, but that no longer applies.
Answered on Mar 12th, 2014 at 11:34 AM