My child turns 12 in the year 2013 and wants to come live with me(mother),dose he have a legal right to do so,against the father

Asked over 3 years ago - Harrisburg, PA

my child went to his father at the age of five,because i ended up having a mental break down........i am now working and have my own home,and am doing very well..............do i have the right to get my child back..................

Attorney answers (4)

  1. David Everett Cook

    Contributor Level 12

    Answered . It is never the child's decision as to where they will live. The child can have input, but ultimately it is up to the parents. If the parents cannot agree, then the court will generally get the opinion of the child, and the child's opinion will be considered, but the court will balance all the factors to determine what is in the best interest of the child and the appropriate custody arrangement (and who should have majority physical custody).

    If you feel that there has been a change in your circumstances and that you are now the better parent, you she consult with an attorney that specializes in custody cases to review your case and your circumstances. If you cannot reach an agreement with the father, you can petition the court to modify the order (if there is an existing order) or file a custody action if there is no prior order. You can seek increased custody and possibly majority physical custody depending on the circumstances of your case.

    However, as I mentioned, you need to sit down with a lawyer and discuss all the relevant issues to reach an informed decision. Your question really involves too many variables to give an intelligent opinion in this forum.

  2. Jason Kutulakis

    Pro

    Contributor Level 15

    Answered . I agree 100% with Mr. Cook's answer. To further explain, the child never gets to decide for many reasons which are obvious. But they also are not empowered to decide as children often struggle to please both parents. When they believe they are the decision makers involving custodial relationships, they develop a multitude of emotional consequences from this dynamic.

  3. Jason Kutulakis

    Pro

    Contributor Level 15

    Answered . I agree 100% with Mr. Cook's answer. To further explain, the child never gets to decide for many reasons which are obvious. But they also are not empowered to decide as children often struggle to please both parents. When they believe they are the decision makers involving custodial relationships, they develop a multitude of emotional consequences from this dynamic.

  4. Justin C. Gearty Jr.

    Contributor Level 13

    Answered . I agree with the previous two posts. Assuming there is no current custody order, I would suggest that you try to work this out with the father. If the father won't agree to what you are asking for, then you should consult with an attorney.

    Many attorneys, including myself, offer free consultations. I would suggest that you at least speak with a lawyer to get an idea of all your choices.

    Justin C. Gearty Jr.
    717-490-6325
    justin.gearty@gmail.com
    http://www.geartylawoffices.com

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