How can a father obtain custody of their 13 year old son?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 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.
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