I have visitation rights and my ex girlfriend has sole custody. I see my son 3 weekends out of the month, the first Wednesday of every month, his mother and I alternate holidays, split winter break, easter break, etc,. My son is 12 years old and will be 13 in January. He has lived with his mother his whole life. A little while ago, he told me he wants to live with me. I told him to talk it over with his mother. His mother told him no, and also talked down on me to him. I have been in my son's life since day one. I always pick him up, never miss a child support payment, i go to parent/teacher conferences, attend his sporting events. I do everything i can to be a GREAT father. We both live in NJ but his mother live 20 minutes away from me. What steps do i take?
Personal Injury Lawyer
In order for a court to hold a hearing for a change of custody you must first prove there has been a significant change in circumstances that that is affecting the best interests of the child. It is an extremely expensive and drawn out endeavor. An alternative is for you and mother can agree to your getting more parenting time. Best of luck.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
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Criminal Defense Attorney
Looks like you don't have to do much - your son obviously loves you. If there is a significant immediate threat to your son's welfare - resulting from the current parenting arrangement, see an attorney for a consultation to decide whether more fact gathering is required and/or whether or when to file a motion with the Court. If the status quo is simply that he wants to spend more time with you, you may want to do as my colleague above stated (talk to mom) and you may also simply ask the Court (or mom) for more visitation... Regardless of your decision you should consult in private with an attorney.
You can file a motion to modify the custody arrangement but as my colleague pointed out you need to show a change in circumstances that warrants revisiting of the custody issue. If you believe there is such a change in circumstances, you can consult with a lawyer who will be able to review all facts and circumstances pertaining to your case and advise you accordingly. Many of us provide free initial consultations, so take advantage of that. Good luck!
This answer is for informational purposes only and should not be construed as legal advice.
Divorce / Separation Lawyer
You need to determine what circumstances have changed since the time that the custody/parenting time order was entered and then present them to a court.
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