parenting plan modification

[kaysea1008]

my husband was told by an attorney that in order to modify the parenting plan he would have to prove his son's mother is unfit. His son (age 14) lives with us now, his choice, and his mother agreed to it. That being the case, why can't he simply modify the plan? Without this modification, she will continue to receive child support even if the child is living with us. This just doesn't sound right. Please advise. Thank you.

 

[Duranie]

It doesnt sound right. He should contact the state child support enforcement and ee about stopping child support, or put it for a change in custody.

 

[ohiogranny]

He should be able to file for custody, based on the status quo. How long has the boy been living with you? And can dad prove it? Any witnesses to mom saying she agreed to it?

Legally, the child does not get to choose which parent he lives with. Dad can testify that the boy is doing well in his custody, but should not volunteer the fact that he and mom let a minor decide that, only that Mom agreed to the change.