I spoke with the mother about this numerous times she claims our son is not mentally stable enough to make these decisions. That is not the case he’s a bright young man. Is there anything I can do to keep him up here with me in WI. Her parents are also worried for my son future if he stays with her. she is mentally abusive to him. I’m in desperate need of guidance which course of action I should take. Two years ago I spent $7000 on a lawyer who would never return my phone calls. Thank for any help you can provide.
While you indicate that you live here in Wisconsin and the mother lives in Texas, you don't indicate what state initially decided the custody issues. That issue is important, because it may determine where you have to file your motion to change placement of your child. Under Wisconsin law, children do not get to decide where they want to live. The wishes of the child is a factor that the court has to consider, among many other factors under the custody statute. I don't know if you can file such a motion in Wisconsin or Texas, since you have not provided facts that would indicate where jurisdiction lies (presumably Texas).
You would have to file a motion to change placement and request that your son spend primary time with you. Generally, you would file that motion is the state that granted the original order.
This submission is not, nor is it intended as, legal advice. You should consult a lawyer to address your legal issue.
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