Q: I have a 13 year old son. When he was 7 my husband deployed to Afghanistan for 2 years. Upon return, he moved out to
Missouri (another state, we are in Oklahoma) we "share" custody with my son visiting hos dad every 2 weekend of the month. Our son has had trouble in school, as far as always being in trouble for talking and such, and his grades are a c or above, but this year 7th grade, he has made some poor decisions...the biggest being caught at school vaping. My ex now wants our son to come live with him. I, nor our son want this. I'm very scared he will be forced to go live in another state with his father. Is this likely?
A: I can't tell you "how likely" this is. It's up to a judge to make the decision, and there are many, many factors to be considered in a case like this. Your Ex will have to file a "Motion to Modify Custody" in order to do this. You will be given notice if this happens. You should then immediately hire an experienced family law attorney to help you. On another note, your 13 year old son is old enough to testify as to who he wants to live with.
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