Who gets to decide?

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Needtoknow6221

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My son lives with his mom in New York and will be 17 in July. I live in Colorado and he would like to come live with me and finish high school with me in Colorado next year. His mom does not want him to because she thinks that he needs more structure than I provide. She got him on to something called PINS in New York which I understand to be a form of probation for threatening her, swearing at her and for smoking marijuana. While she does have custody, our divorce agreement states that we have to agree on major decisions and that if we don't we will use a mediator. She says that our agreement is meaningless now that he is on PINS because the judge will decide what's best for him. He thinks that he should be able to walk out the door and come live with me and she says that she'll send the police after him. I am 63, currently unemployed and living off of dwindling retirement savings. I am remarried with a 5 yr old son. Is it really up to a judge to make this decision? Thanks so much for any advice.
 
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