11 1 / 2 year old child lives with father since separation in 2009 . while with him the child has not seen a doctor for over a year for any check ups . child's health and weight are increasing issues . no dentist visits in over 2 years and the child's grades keep decreasing in school every year . child lost his gifted program he was enrolled in due the the lower grades .
there was a custody order in place to in favor to the father when the mother left she didn't want her son to be removed from the school he was attending. when they went to the meeting with the master all he asked was where the child was living at the time and then made the order to have the child live with the father. Another note to add is that the child has admitted to his mother that he don't want to leave his friends at the school he is attending and would feel guilty of leaving his father alone. another question would be is there a way to prove the child's immaturity level to exclude a childs decision making?
Criminal Defense Attorney
Child custody requires that the court review several statutory factors. The situation your describing certainly would be one that I think, if these facts were proven by a preponderance of the evidence (little more than half), would necessitate a change in custody. See the article linked below oldie further discussion. You should seek local counsel to assist you in a complete review if your case.
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Family Law Attorney
I am not sure from your question if a custody order exists. If so, The child's mother will need to file a Petition to modify the current custody order. If she has sufficient evidence to prove that the child has been neglected by his father, it will strengthen her case. Because of the child's age, the Judge will likely speak to him. He may be able to provide important evidence of neglect as well. The mother will need to hire an attorney to file the Petition or Complaint if an order has not yet been entered.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.