My son 15 yr old son has gone to live with his dad.It was only meant to be for a week or 2 to help sort out with his behaviour.His dad will not let him come back and has also persuaded my son not come back.I am at a loss what to do I have brought my son up alone from being 22months old.Has anyone else been through anything like this, I would just like some advice ..Thank you Angela

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Jodi - posted on 01/17/2013

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In Australia, they won't even listen to a custody issue about a 15 year old. It is considered old enough to make up their own mind, UNLESS there is some mitigating reason for this not to be the case (i.e. abuse). Telling a court that you are the one who has raised him on your own from 22 months is not a good enough reason.

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♫ Shawnn ♪♫♫ - posted on 01/18/2013

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Generally, by the age of 15 in the US, the child is given residence choice, and the parents have no say. If your son wants to stay with his dad, then he'll most likely be allowed to stay with his dad, and there's not a whole lot you can do.

If there's drugs, or a dangerous situation, and you have solid proof, then you may present that to the courts and ask for him to be remanded back into your custody, but if you sent him to his dad's, and he wants to stay, then that's what a judge will look at.

Lakota - posted on 01/18/2013

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Where I live, the custodial parent would have to be proven to be incapable of raising the child properly (abuse, drugs, etc) before the child would be given to the other parent - despite what the child wanted. Many noncustodial parents have used things such as the promise of a car, money, etc. to try to make the child want to live with them. So, now there are certain laws in my state to prevent this.

Dove - posted on 01/17/2013

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Lakota is right about the court order, but at 15 many judges will allow the child to choose who to live with unless there is really good evidence that doing so is not in their best interest.

Lakota - posted on 01/17/2013

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Do you have a custody papers showing that you are the custodial parent? If so, then he can't legally take your son like that unless he can prove that you are unfit to raise him - even if your son wants to live with him. Get an attorney and take him to court.

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