How can a father obtain custody of their 13 year old son?

UPDATED: Dec 3, 2012

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How can a father obtain custody of their 13 year old son?

The son resides with his mother, sister and the mother’s boyfriend. He has made it known to his mother that he wants to move back to his father’s; that he is very unhappy with the current home situation. His mother tells him he will get used to it. As of this date, the 13 year old male has been separated from the father for 6 months. The father sees him and his 11 year old sister every other weekend. How can the father obtain main custody of the son on a full-time basis with the mother seeing him every other week. The 11 year old daughter has made no mention of wanting to stay with the father. At this point, there is no attorney involved. Would you be able to advise on what the next step would be?

Asked on December 3, 2012 under Family Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I assume that there is a custody order in place; accordingly it must be obeyed until a court changes it. Therefore, you will need to file for a modification of the order. A judge will look at several factors in making its determination as to just what is in your son's "best interests". His preferance as to just where he wants to live will be given consideration but it is not the sole factor in deciding which parent he will live with.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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