Charlotte, NC asked in Family Law and Child Custody for North Carolina

Q: My ex husband is an E7 in the Army. We currently have joint custody of our 2 sons he has primary as of 2012. How

My youngest is 11. He is having mental health issues and openly says he NEEDS to come home. Their stepmom is treating them badly as well. Dad is refusing. Both sides of the family feel this is best. Should I call his command? Is my son old enough to represent himself?

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Amanda Bowden Johnson
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  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Your son is a child and will have zero say in terms of representing himself - although it is possible a Judge may want to hear from him and may give his preference some very minor consideration. Your ex's command has zero authority in this matter and they likely would not get involved in this type of issue absent some emergency situation which this is very likely not. If you want to change custody, he will either need to agree to it or you can take him to court. Likely jurisdiction will be wherever the children have primarily resided for the last six months so you should contact a local family law attorney in that area. Best of luck.

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