In our society we don't let minor children make these kinds of decisions. The court decides where the child lives in a custody battle based on lots and lots of factors.
Tell your son he can decide where to live when he is an adult.
If you want to modify visitation, head back to court.
While you may have sole custody, who has the parental rights and responsibilities for your son? Are they shared with your husband?
It appears that you are willing to allow your son to live with your ex. Assuming he is the natural father of your child, it may be a good idea to make sure your ex has a certified copy of your son's birth certificate, showing him as the father. If your ex has lost his parental rights and responsibilities and, therefore, you have the sole legal right to make determinations of residency, education etc., you may also want to provide your ex with a notarized statement giving him permission to make medical and other care decisions for your son while he is with your ex. I also suggest that you have a discussion with your ex concerning exactly what the parameters are for this visit and possible longer-term residency. If you can reach an agreement with your ex, you also may want to apprise your son of exactly what that agreement is and the circumstances under which he will return to your household.. (School grades slipping, hanging around the wrong kind of people, juvenile delinquency etc.) You may wish to reduce the agreement to writing in the event there is some unforeseen complications in the future.
If you had a divorce attorney who is familiar with your child custody arrangements, you may want to further discuss this with your attorney.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
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