tiredofbeingtired
09-08-2006, 09:00 AM
My 15 year old son (currently living in VA with mother) wants to come in live with me (in PA). He has stated this desire to mother & myself several times, however, mother is refusing to grant him his wish. What are my options to make this happen? Who can I contact for assistance with this (specifically court assistance, etc)? I am of the presumption that at his current age, he should be able to make & have this choice granted. Any help you can provide will be greatly appreciated.
mommyof4
09-08-2006, 09:07 AM
My 15 year old son (currently living in VA with mother) wants to come in live with me (in PA). He has stated this desire to mother & myself several times, however, mother is refusing to grant him his wish. What are my options to make this happen? Who can I contact for assistance with this (specifically court assistance, etc)? I am of the presumption that at his current age, he should be able to make & have this choice granted. Any help you can provide will be greatly appreciated.
Is there a court order for custody? If so, that order stands until it is modified by the court. The only state that a judge must abide by a child's wishes on issues of residence is Georgia (once the child is 14) but most states will take into consideration an older child's preferences, provided there are no issues of abuse or unfitness. You would have to file in court to modify the existing order of custody.
tiredofbeingtired
09-08-2006, 09:20 AM
Thanks for the quick reply mommyof4. Yes there is an order (issued in 2002) in PA, however I believe that the court will honor his wishes. I'm looking for specific advice on how to / who to get the process started since he lives out of state (VA). I was given advice on this subject approx 1 yr ago by PA attorneys who told me that I need to enter a modification in VA since that is his domicile residence. Also seeking info on any in state (VA) advocates who can assist me in this effort since I live in PA.
cool beans
09-08-2006, 11:46 AM
If you (personally) have never moved away from PA and the original custody determination was made in PA, the only state that has jurisdiction to modify the custody order is PA. You should file for modification right there where you live. It doesnt matter where the child has lived for the past few years as long as you "remain" a resident of PA.
UCCJEA
Modification of custody determination
Once a custody determination has been made, a court of another state does not have authority to modify the determination, unless the state with jurisdiction determines that it does not have jurisdiction as noted above, or any state court determines that the child, parents, and any acting parents do not reside in the state which currently has jurisdiction.
Continuing the example, Chris' mother gets custody of Chris in the Minnesota courts, and the dad moves to Arkansas. If Chris spends the summer with his dad in Arkansas, his dad cannot go to the Arkansas courts and attempt to modify custody - Minnesota has continuing jurisdiction.
Also read this http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t26t28+3393+0++%28%29%2 0%20AND%20%28%2828%29%20ADJ%20USC%29%3ACITE%20AND% 20%28USC%20w%2F10%20%281738A%29%29%3ACITE%20%20%20 %20%20%20%20%20%20 long link but its short and to the point tells you exactly what you need to know.