What to do if my 11 year old son wants to live with me but currently lives with his dad?

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What to do if my 11 year old son wants to live with me but currently lives with his dad?

His dad won custody when I was very young, 22 years old, due to financial stress at the time. It was a very crazy situation but regardless now my son is desperately wants to live with me and has from the beginning. My concern is that they have seven kids in a three bedroom home (the dad and his second wife), no individual attention is given. The biggest concern though is that a woman that lost custody of a child due to child abuse is allowed to be around and even babysit my son and the other children. Is this a ground for child custody modification? This is only the tip of the iceberg.

Asked on August 3, 2012 under Family Law, Georgia

Answers:

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

Answered 8 years ago | Contributor

You need to file for a modification of the custody order.  Your son is old enough now that the court will speak with him to determine what is the best place for him.  His reasons for wanting to live with you have to be valid: establishing a relationship, etc.  They can not be "my dad is too strict."  Your fears that he is being put in danger should be discussed with your attorney as well.  Good luck.

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

Answered 8 years ago | Contributor

You need to file for a modification of the custody order.  Your son is old enough now that the court will speak with him to determine what is the best place for him.  His reasons for wanting to live with you have to be valid: establishing a relationship, etc.  They can not be "my dad is too strict."  Your fears that he is being put in danger should be discussed with your attorney as well.  Good luck.


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