Question:

My son has been telling me some very disturbing things about living with his mother, including that he has had thoughts of suicide.

He has been begging to come live with me and has told his mom the same, though she said no.

What steps can I take to get him out of this environment?

Answer:

I am sorry that your son is going through such a difficult time — that cannot be easy on you or your son.

Just because your wife has custody of your son does not mean that this will be the arrangement forever. In most states, a material change in circumstances can warrant a modification to the original divorce order or agreement.

If your son has told you that he wants to live with you and there are other reasons why he may be better suited to be in your care, then these reasons can warrant a change of custody to you.

The guiding principle in any case regarding children is the best interests of the child. If the court finds that in its determination to award custody to you or to not make a change, that your son’s best interests are best served by being in your care full time, then a change will happen.

I’d strongly recommend getting into court as soon as possible, as these determinations can sometimes take some time. You may have some instant relief, however, if you are able to file a motion for temporary custody until a final determination can be made by the court.

Based on what you stated in your question, I do think that a judge will take these words very seriously.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.