You will have to file a petition to modify in the jurisdictioon where it was originally heard. How difficult it will be will depend upon your ex. You may be able to negotiate an agreement whereby the child is allowed to move in with you. It will be decided upon the basis of the best interest of the child. In Florida there are twenty stautory factors to be evaluated. The child maay not be able to express his desire to the court except through a pearenting evaluator or psychologist. Consult with a family attorney in that jurisdiction.
File a family court petition citing the son's wishes. Have an adult resident non party serve the mother. Come to court and ask for assignment of a law guardian. Ask the court to speak with your son.
You should very well.
It is never easy to change custody from one parent to another, but that does not mean it isn't possible. You should file a petition and get prepared for a battle. If you can garner proof of the mother's negative behavior patterns it will make things easier for you. You should also get copies of his school records and then go over all the proof with your attorney in order to prepare for the hearings. Good luck.
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As you can imagine, it really is impossible to tell you "how difficult" it will be without knowing much more about the history of the case. The fact that your 13 year old son is adamant about where he wants to live means that his attorney, if one is appointed, will support your position. To find out more and to receive meaningful advice, I suggest you arrange for a confidential consultation with an attorney--I'm sure it will be worth the nominal expense to get a sense of whether you should invest in a custody dispute at this time and/or to find out if there's a chance of negotiating a chance without litigation. Good luck!
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Generally you're right on the border (in terms of age of child) where the court considers his preference to be a very strong factor. It means by the time you'd hit a trial, he'll be 14 & his preference will likely carry the day. For a full assessment, speak to a NYC Family Law attorney.
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The AOC will side with the boy, and if you can demonstrate the truth of the alcohol consumptiona and its consequences and effects on the child, you have a decent shot with an aggressive attorney. Check out Avvo and good luck.
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