Q: child custody of a 15 year old. mother wants to relocate for full time job. child wants to go. Father is on house arrest
Father used son to take drug test. Informed Parole Officer. They have 50/50 custody. Mother is concerned if the father tries to say she is kidnapping. Son lives with mother at this time. Father is in a weekly pay hotel. Should mother go for full custody and does the son wanting to stay with mom count for anything. Mother has offered to bring child for visitation as long as the father doesnt try to have son take drug test for him again.
A:
If "relocation" is several blocks away, then modification of the custody order wouldn't be required -- unless perhaps if those several blocks puts you in another state, or another county, or even another school district. If relocation is of such a distance that it would make the current custody order unworkable, however, then you'll need to give Dad a notice of your proposed relocation and you'll also realistically need to petition the Court to modify your current order.
In addition, once the child turns 14, the Court starts to listen to the child's preferences more -- and more and more weight is given as the child gets closer to age 18. So yes, your 15 y.o. son's preference will be of interest to the Court. So will Dad's using his son's urine to fraudulently pass a drug test!
While my office is in Norristown, I do practice family law in Del.Co. as well. If you'd like to discuss your case in further detail, feel free to contact me at the information contained in my Justia profile. Best of luck to you.
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