Modify Custody with child over 15

[wildatdaybreak]

My jurisdiction is: CA

I share custody with my ex husband. I have two sons. 8 and 16. My ex has moved 4 times in last two years we have been divorced. He has moved again and is now sharing a house with the owner of the house (male). I have not been provided the new address, nor who he is living with.

My 16 yr old is fed up and wants to live with me. His reasons are legitimate.
Has to share room with 8yr old at Dads
Baby sit the 8 yr old daily and help him with homework as well as get his own done. Has to baby sit on weekends all the time and it is not his resposibility to do so.

Live with a strange man my son does not know. My son was molested by an older boy when younger.

He is stuck caring for his younger brother.

My question? Can I tell my son he does not have to go back with his dad until I do the court thing? My second dilemma which really is one. I am 7 months preg/bed rest and cannot possibly go to court right moment. Can I get a phone court appearance? What to do? My son says he absolutely wont go back.

 

[irish223]

My jurisdiction is: CA

I share custody with my ex husband. I have two sons. 8 and 16. My ex has moved 4 times in last two years we have been divorced. He has moved again and is now sharing a house with the owner of the house (male). I have not been provided the new address, nor who he is living with.

My 16 yr old is fed up and wants to live with me. His reasons are legitimate.
Has to share room with 8yr old at Dads
Baby sit the 8 yr old daily and help him with homework as well as get his own done. Has to baby sit on weekends all the time and it is not his resposibility to do so.

Live with a strange man my son does not know. My son was molested by an older boy when younger.

He is stuck caring for his younger brother.

My question? Can I tell my son he does not have to go back with his dad until I do the court thing? My second dilemma which really is one. I am 7 months preg/bed rest and cannot possibly go to court right moment. Can I get a phone court appearance? What to do? My son says he absolutely wont go back.

If your son doesn't go back, then you will be in contempt of the court order.

Normally, you would be entitled to know where your children live. Your ex can be compelled to disclose that information.

While your son's responsibilities at his father's home may seem excessive, I doubt that they would warrant a change in circumstance substantial enough to change custody, but you can always try.

One question remains, and it will surely come up in a court hearing... If you are limited to bed rest and can't attend a hearing, how will you care for a child?

 

[Duranie]

You'll need to go back to court and file for custody. If you do not return the boy though to his dad's he can call the police or file contempt.

the boy is old enough anyways to state his preference but I do not know if you will have any luck stopping visits. I see nothing wrong with him having to babysit once in a while. Older siblings often help out with younger ones. However you can ask that dad disclose who this roommate is and you can do some checking to make sure he is not a sex offender.