Q: Hello, I have 3 children 21, 18 and 17. My 17 wants to live with me full time. We have joint custody. Is there a way?
For the most part our divorce has been amicable. But my 17 yr old feels more comfortable at my home as opposed to his mothers. I know when he turns 18 he can go wherever he chooses but for now he feels tied down and going back to his mothers is a burden on him. No abuse or anything, just not comfortable.
A: You can either get consent from the mother or file to the court for residential custody. If you need help on doing either you can consult with a family law attorney for assistance.
A: It's always best to try to work out the issue directly with the other parent. If so, the terms of the new custodial agreement need to be made into a Consent Order and filed with the court. This way the terms will be enforceable if a future issue arises. It you are unable to obtain consent then you must file a motion or application in the court to modify the existing custodial order based on what is in the best interest of the child. Given the child's age, the child's preference will be taken into consideration by the court. For more information you should consult an experienced family law attorney.
A:
Thank you for your question. I know how worried you must be about the custody of your son.
The short answer is that the Court is required to conduct a full hearing before changing primary physical custody of a child. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised of both “legal” and “physical” custody. The court must apply several factors to determine the best interests of the child while weighing the rights of both parents as well as the right of the child to continuing and frequent contact with both parents. One of the factors for the court to consider is the preference of the child when the child is of sufficient age. Given your son’s age, the court will more than likely interview your son and receive his input before making a final determination. The Court may conduct a hearing before changing primary physical custody and consider testimony and other evidence of all these factors before making a final determination as to what is in your son’s best interest. It is important to protect your interests and have an experienced family law lawyer explain the various factors the court will consider to determine what custodial arrangement is in your son’s best interest.
I hope this information was helpful to you.
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