Q: Do we need a legal document in place with the courts if my 16 year old son wants to live with me full time? now 50/50
My son would like to choose where he spends his time and not have to adhere to our custody agreement. What steps does he, or we, have to take if he decides to pursue this? He thinks it's his right at 16 to decide where he wants to stay. He is a good kid with good grades and no issues except his dad has moved further from his friends. I'm fine with this but told him we would need to know who the parent in charge is on any given night.
A: Informally, the parents can modify the custody agreement (make sure that the modification is written and signed by both parents). The modification is not legally binding ("must do") until a court formally modifies the custody agreement. If the parties (not the child) have already agreed on the modification, the process is mostly a matter of filing the proper paperwork with the court. If there is a dispute about any issue, the process will require a full court review. If the custody issues are contested (i.e. a dispute) a lawyer is highly recommended. If the custody issues are not contested (in full agreement) a lawyer may not be required (unless you want the lawyer to draft the agreement and file the paperwork). The former will cost around $3,000 per party and the latter will cost around $500-$900 for BOTH parties (assuming the legal services are unbundled).
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