Announcement

Collapse
No announcement yet.

My son went's to move in with me

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • My son went's to move in with me

    My son would like to move in with me. He is 17 years old and will be 18 in 7 months
    He would like to finish his last year of high school in my home town and has plans to go to trade school
    How do I go to get costody? do I get my son a layer ?

    Do I have to go through his mother to change costody?

  • #2
    best bet is the three of you sit down and talk about it. He should be the one to tell his mother. Once you discuss it with her then you can figure out your next step.

    Comment


    • #3
      Not enough information here. Is there currently an order for custody/support in place? Is the support being paid through FRO or Maintenance Enforcement?

      Those things can make a BIG difference.

      1. If there is a court order in place, you will need to take the appropriate steps to have it modified.

      2. If support is being paid via FRO/Enforcement, then support will continue to be paid until a new order is written. Depending on how amicable things are with your ex, this can be a relatively painless process, or one requiring several months and a return to court.

      At 17 his wishes will stand. If he wants to live with you, no judge in the country is going to order otherwise.

      Comment


      • #4
        There is currently an order for custody and support in place, the support is being paid through FRO .
        Do I have to take her to court ?

        Comment


        • #5
          How amicable is she? ie. will she accept the son moving out, or do you expect her to lie/fight about it?

          You should request she voluntarily withdraw from FRO (Notice of Withdrawal)
          If THAT fails, you file a "Notice to End Support" with FRO.

          (Both of those are available on their website)

          If both of THOSE fail, you have to go back to court. If you have to go that route, don't forget to ask for costs, for any payments you have made to her that she received/kept be returned, and for CS to be paid FROM her TO you.

          Comment


          • #6
            She is not amicable at all , so to file a notice to end the support with the FRO I do this true them and not the courts?

            Comment


            • #7
              before you even deal with FRO you need to get custody changed to you thru the courts,

              Comment


              • #8
                You need to make a fair attempt to deal with her outside of the courtroom and ideally be able to show it. If you exchange emails that's great. The courts don't like being the first resort, they like being the last.

                Of course you know how stubborn she is, etc. but the courts don't. They like to see paper.

                If you can get her to agree, you still file a motion on consent of both parties to change the previous order.

                Comment


                • #9
                  Send her an email stating that child has expressed his wishes to live you with, because of this you are requesting that the following orders be changed
                  1) Custody
                  2) Child Support

                  With in your email you request she file out Notice of Withdrawal from FRO (attached this form to the email so she has it and doesn't have to search), you also request that you file a motion on consent of both parties to change the previous order of Custody and Child Support.

                  If she responds with no way or something along those lines, you then send FRO Notice to End Support. However, for this to work, the child MUST be living with you before support can end.

                  If FRO denies you then bring a motion to have custody and support changed.

                  Comment


                  • #10
                    can you give me the link and the forms that I will need

                    Comment


                    • #11
                      Originally posted by d1mainv View Post
                      can you give me the link and the forms that I will need
                      Click Here All the FRO forms can be found there

                      Comment

                      Our Divorce Forums
                      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                      Working...
                      X