My 17 year old son wants to change custody and live with me. He has signed a custody election form adn we are filing it this week. Is there anything else we need to do? and how likely would a judge be to go against his wishes at 17? I am a responsible, loving father with a solid job and no criminal record. My son can stay in the same school and has already been living with me for a month. He is a responsible kid and has a great realationship with his step mom and siblings. HIs mother plans to contest.
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First of all, do NOT use forms! Use a lawyer. That will enhance the chances. You face multiple problems: (1) with a 17 year old and a contested case, the case may never be heard before the child is 18 without a lawyer pushing it, (2) a judge is NOT bound by the child's election, although he must consider it, (3) the court will also have to set child support and visitation. A good lawyer may be able to set up a temporary hearing, and you will likely not accomplish that with forms.
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Glen is absolutely correct
Hire legal counsel ASAP
Good luck
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I concur with Mr. Ashman and Mr. Villani. A change of custody is not a quick procedure if the other parent does not consent. Take your prior orderm and whatever you have filed on your own, to an attorney and let him/her advise you. It could take months getting a modification order and by that time your son could be 18 at which time he is considered an adult.
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