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Custody issue with my 17 year old son.

My 17 year old son lives with his father, he has primary physical custody, I have partial physical custody. To make a long story short my son wants to come back and live with me for his last year of high school, my X will not let him with out us fighting it out in court. I am thinking by the time i get a court date etc... My son will be 18 and able to leave on his own. My question is: If my son just stays at my house one evening and says he doesn't want to go home, what would happen, can say the police make him go, would he then have to try to go to court? does anyone have any experience with this?? I know I should just call a lawyer, I was trying to avoid that do to funds, my lawyer was pretty pricey and does charge me per call.
Thanks in advance for your help.

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Anonymous

Asked by Anonymous at 10:33 PM on May. 3, 2009 in Teens (13-17)

Answers (7)
  • If you son stays at your home and is suppose to return to his fathers house.
    and this is stated in the divorce degree, you will be in contemp of the court.
    Your son is 17, he is able to appear infront of a judge and tell the judge himself what he
    wants to do.
    Dannee

    Answer by Dannee at 10:39 PM on May. 3, 2009

  • im not positive
    but..... go to the court house asap and file, it doent usually take more than 2 months to get a court date, and that will be summer time so you should be ok
    he is at the age that if he says this is what i want to do unless there is good reason not to it will be honored
    good luck
    mommymeg03

    Answer by mommymeg03 at 10:40 PM on May. 3, 2009

  • He is old enough to apply for separation from parents providing he can demonstrate his ability to take care of self. Frankly, I wouldn't allow him to run away from Dad at this late stage. Life is tough and he should be encouraged to man up providing his Dad isn't abusive.
    Ewadun

    Answer by Ewadun at 1:45 AM on May. 4, 2009

  • WHERE I LIVE 17 IS A LEGAL ADULT AND HE CAN CHOOSE TO LIVE WHEREVER WHETHER IT BE WITH YOU, YOUR EX OR SOMEONE ELSE ALL TOGETHER. HOWEVER, IF IT SPECIFICALLY STATES IN YOUR COURT PAPERS UNTIL HE IS 18 THEN YOU MAY BE IN CONTEMPT OF COURT.
    Anonymous

    Answer by Anonymous at 3:58 AM on May. 4, 2009

  • My daughter is seventeen and I have the same situation in my State, she is a legal adult. I had the custody, she took her wings and flew my coop to her boyfriends not her dad's but it didn't matter wasn't a thing I could do to make her come home 3 weeks before the end of her Junior year. She can throw it all away if she wants. She is a legal Adult.
    asparklenmyeye

    Answer by asparklenmyeye at 5:58 AM on May. 4, 2009

  • Depends on your state, a court order is a court order. However a judge would take his preferance into great consideration at his age.
    salexander

    Answer by salexander at 12:19 PM on May. 4, 2009

  • I'm pretty sure that at that age he can choose who he wants to live with, provided there aren't any outstanding reasons that he woudln't be able to (I'm not sure if that makes sense, sorry). I think he has to go home if that's whats in the custody agreement, but if I were you, I'd go ahead and try to get a court date anyway! Good luck to you and your son! It must be tough for him, being so close to adulthood, but still having to go where the courts tell him :(
    metalhealthmama

    Answer by metalhealthmama at 2:53 PM on May. 4, 2009

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