What can be done if my son is turning 14 and has been asking to come live with me?

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What can be done if my son is turning 14 and has been asking to come live with me?

My son will turn 14 in 2 months and he has been asking to come live with me when he turns that age. Is there any paperwork that I will have to fill out though the courts. Also, how will I be able to get my child support lowered when he does?

Asked on November 15, 2011 under Family Law, Maryland

Answers:

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

Answered 9 years ago | Contributor

Although you do not come out right and state it, I am assuming that you are his Father - and by that I mean not his Mother - correct?  It is often quite usual that a same sex child would want to reside with the same sex parent once the teenage years hit.  I am also going to assume that when you and his Mother divorced that there was an agreement entered in to that covered the custody and support you speak of.  So what you have to do is to go to court and ask that the Judge modify the agreement to allow for a change in custody and support.  Generally speaking there has to be a change in circumstances to make the request.  Your son wishing to live with you is probably enough.  He is also old enough to speak with the Judge and to have his request given weight in the determination.  He needs to understand that there has to be a good reason for the wanting to live with you and not "my mother is too strict" or "we just don't get along."  But rather he is entering his teen years and becoming a man and wants to live with his Dad and forge a relationship more than on the weekends.  Get help.  Good luck.

PS your ex can agree to it too and save you a lot of legal fees.


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