Can I get custody of my son from my ex-wife since he is living in a very harmful home environment?
Question Details:
I was divorced in 1994. My wife has had custody of our son, who is now 15 since. Recently, he is having run-ins with the police, problems with drugs and alcohol, he is failing most of his classed in school, and was recently abused by his stepfather; this resulted in a protective order. His mother says she just can't control him any more and he just does what he wants. He used to come to my house every other weekend but won't anymore. He is currently in a very harmful environment. Can I get custody of him and make him come and live with me? And if so, what do I do, and how do I go about it?
Divorce, Marriage, Alimony Law Answers
You need to hire an attorney as soon as you can to petition the court for custody of your son. Most states use "the best interests of the child" as a test for determining custody and safety is an important factor that is considered. Be aware, however, that the court has the discretion to listen to 15 year old and weigh his wishes. I think that a could lawyer could make the argument that he can not make good choices for himself at this point in time and his record will help prove that.
If you could persuade your ex-wife to join in the petition then it may go more smoothly for you. Make sure that you have a good plan for keeping him under a watchful eye to present to the court. If you have all the bases covered then your chances are better. Good luck with everything.
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