Albemarle, NC asked in Family Law for North Carolina

Q: I have a 15 year old nephew that doesn't want to live with his mom anymore. What can he do?

His mom keeps telling him all this bad stuff about his dad and calling the cops, making threats and he is tired of it. He is so unhappy when he has to go home, he acts out.

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1 Lawyer Answer

A: You are caught in a very difficult situation. Based on what you've shared, it doesn't sound like you would have standing to sue for custody, and I'm assuming that his father is not apt to sue for custody. If you think he might, encourage him to at least meet with an attorney, to see what his options are (if you think its best for your nephew to live with him). Have you tried speaking with his mother about the situation? Maybe she doesn't understand how much her words and actions are hurting him. After all, he is made up of her and his father, and when she talks bad about his father, she's putting him down as well! See if you create a change, by speaking with her first (without him, and then perhaps with him present). If that doesn't work, you could call social services, but I'm not so sure they would do anything (and they might!). Let her know that you are going to contact social services if she doesn't stop. Good luck!

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