His dad can file a Motion to Modify requesting that the boy live with him. Changes like this are very common as kids get older. Dad needs to talk to a family law attorney.
This response is only a basic answer to your question and is not intended to be legal advise. It is your job to hire an attorney and to discuss the specifics of this question with him or her. I am not giving you specific legal advise and there is no attorney-client relationship created by my answer to your question. The choice of an attorney is an important decision that you must make and that choice should not be made upon adverting alone.
There are several factors in determining a change in custody. The child's wishes are only one factor but the older the child the more weight is given. His father should contact a family law attorney to determine if a Motion to Modify custody has merit.
I agree with the others here. Please have the father consult counsel about a Motion to Modify. Good luck.
Your son should immediately speak with an attorney in the county where his original judgment of custody was entered. Although a Judge will give serious consideration to what a 16-1/2 year old wants, the Judge is never obligated to rule as the child requests. A great deal will be based on the child's reasons for the requested change in custody. And, just because the child tells you that he wants to live with Dad, doesn't mean he will tell a judge, in court, under oath, that he wants to live with dad. This can be a very complicated issue. An experienced family law attorney can review all the specific facts of your case, and help you make a decision whether, and when, to proceed with a court action.
The specific facts are different in each individual case, my response it provided for general, informational purposes only and should be be construed as specific advice directed to any individual person. Since I have not had the opportunity to review all the specific facts, and any supporting or explanatory documents in this matter, this general opinion should be be relied upon in your specific case. This communication is not intended to create an attorney client relationship with any specific person, and should not be construed to create an attorney client relationship by any individual.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline