Teenage Problems/my son
Expert: Dr. Jerry Martin Jr. - 6/9/2009
QuestionQUESTION: my son is 16 and he is wanting to come live with me.he lives with his dad and his father has all the right s and i have none,he talked me in to giving up my parental right's years ago but now my son is wanting to come live with me can his father stop him and what do i have to do for him to be able to come live with me? thank you,Tammy
ANSWER: Hi Tammy,
Yes, his father can stop him because he has a full custody of your son. Unless he allows him to live with you upon verbal agreement but it is very risky because complicated legal issues involved.
He is 16 years old, he can make his own decisions but he is still considered a minor until he turns 18. He can live with you when he is 18.
My question is, do you have visitation rights? Did he sleep over your place sometimes? How come he wants to live with you instead with his father?
I just wonder.
Thank you and have a wonderful day.
Doc Jerry
---------- FOLLOW-UP ----------
QUESTION: i do not have visitation rights,in fact i have no rights to him at all.no i have not seen my son in 13 years or his older brother until last year or so i got to see the oldest one but he is 20 now.i dont know why he wants to live with me instead of his father,he just told me that he wanted to live with me now.
AnswerHI,
Thank you for your follow e-mail post. Well, it is up to his father to allow him to visit you or live with you. If it were me, I would not do it due to risky legal issues that he may create problems with you and use it against you even he verbally says yes. It will not hold up in the court of law because he has legal court order.
It is not worth it to have this risk hanging over your head, wait until he turns 18 then he can do whatever he wants. I am not sure about your state laws, consult with your family attorney for further advice.
In my own personal opinion, I think it is wonderful the kids still want see you. Keep up to have a good relationship with your children.
You have a nice day.
Doc Jerry