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.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”