My ex is dying and I have been living in canada for 5 years now and havent seen my 17 year old son. I know he (Ex) hasnt made a will and I also know that my brother is trying to get custody of him . Im wonderring if I have any chance of gaining custody of my son. any info at this point will be helpful thanks! They reside in California!
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seeking custody
- Thread Starter cindyg43
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army judge
Super Moderator
Sure, you can petition the court for custody. Will you be awarded custody? It depends, because you haven't been actively involved in his life for several years. Your brother might have a better chance, but there is one other important detail in this case. The boy is 17 years old. He is almost an adult. This whole matter might be moot, shortly.
Does the lad stand to inherit a sum of money from his father? If so, the court may view your sudden interest in a child you abandoned as somewhat suspect.
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Does the lad stand to inherit a sum of money from his father? If so, the court may view your sudden interest in a child you abandoned as somewhat suspect.
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Proserpina
Moderator
You have virtually no chance of gaining custody at this point - unless he wants to come live with you. HIS preferences WILL, at his age and because of the situation, be taken into consideration.
Why are you wanting custody at this point?
Thank you for the replies,
My son does want to live with me but only if I move back to California and I wont do that. I have kept in contact with him (and I do pay child support)over the 5 years and I also have 2 older children with my ex ages 27 and 25 yrs of age. Im not seeking custody of my son (I know that sounds horrible) if he is willing to move here that be great, but that isnt the case here. He'll be 17 years of age come this Dec. 2010. Right now my Family and I are trying to work out a plan hopefully all goes well. Unfortunately the ex has no money it would have helped out as far as the kids go but thats ok he's a pretty decent man.
My son does want to live with me but only if I move back to California and I wont do that. I have kept in contact with him (and I do pay child support)over the 5 years and I also have 2 older children with my ex ages 27 and 25 yrs of age. Im not seeking custody of my son (I know that sounds horrible) if he is willing to move here that be great, but that isnt the case here. He'll be 17 years of age come this Dec. 2010. Right now my Family and I are trying to work out a plan hopefully all goes well. Unfortunately the ex has no money it would have helped out as far as the kids go but thats ok he's a pretty decent man.
Proserpina
Moderator
How much contact have you had with him?
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