Submitted by PokeDaddy151 on Tue, 12/20/2011 - 12:44
Hi -
My son and his mother are not getting along well at all. He is 14.5 years old. We have tried numerous methods, mediation, counselling, etc, to have the two reconcile their issues to no effect. I have a few questions.
1. If my son wants to live with me, is there a way to have that done through the courts? Right now, we are set up to share the kids 50-50. We have joint legal custody. I would be looking for sole physical custody. It is his wishes that he lives with me.
2. If physical custody is transferred to me 100%, do I have to pay child support? My daughter would still be 50-50 so I am not I will stop paying child support, just reduce it by 1/2.
Change in custody and in support after divorce
Under Massachusetts law, you can go to court and request (complaint for modification) both a change in the custody and in the amount of child support. The latter would be based on a change in circumstances (one child living with you). The family court judges typically begin to give weight to the preferences of children regarding custody at around the age of 14. Good luck.