Child is 17, turning 18 in August 2019. He does not want to live with his mom anymore and he wants dad to file for custody before his 18th birthday. Every other year, mom takes dad back to court for more child support.
Son and dad want to live together - all parties live in Massachusetts.
Once the child turns 18 he can live wherever he chooses - he is an adult. The question arises whether or not he is emancipated in the eyes of the court for purposes of child support. Refer to the separation agreement/judgment for language on the definition of emancipation and consequences of emancipation. If the child remains principally defendant on the parent he chooses to reside with and/or enrolls in post-secondary education, the agreement/judgment may provide various forms of continued support that may need to be reallocated through a modification when/if the custodial parent shifts.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
If the father were to file for custody now, there is a good chance that it will not change before the 18th birthday. At 18, a "child" can live wherever they chose. Child support can continue until 23 if the child is dependent on the parent for support and is attending school full-time. That would require a complaint for modification.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
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