If my husband has a 13 year old son that is in the 8th grade and is flunking in several classes, can we get custody?

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If my husband has a 13 year old son that is in the 8th grade and is flunking in several classes, can we get custody?

He lives with his mother but they have a shared parenting custody agreement. We were wondering if we can take the mother to court to see if we can get the son for a few years to help get his grades up or is he to old and can request whom he wants to live with? He has been flunking for several years.

Asked on November 11, 2012 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your husband has educational concerns about his son he surely needs to address it as soon as possible.  You seem to have leapt from failing to custody, though, fairly quickly with out exploring the possibility of a learning issue.  Your husband needs to address the matter with the teachers and his pediatrician asap to see if he needs to be tested.  If there seems to be no obstacles to his learning and you then can pin it on the "environment" by all means make the application for a modification of the custody agreement. Everything is determined "in the best interest of the child."  Good luck.


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