Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I live in New Jersey without my son who is 18-years-old. He has one more year of high school and wants to come live with me. I was divorced in 2009 and his mother was given residential custody and has threatened to take me to court if my son refuses to return to her home once summer break is over.There is no child support as it was terminated due to my disability and limited income. I remarried and my wife is willing to have my son live with us. Can his mother stop him from leaving by going to court?
Your son’s mother has the legal right to go to court and challenge any child custody order modification, or to stop your son from permanentely residing with you. However, though she has the legal right to contest a new order, because your son is 18-years-old, he may be able to decide for himself as a legal adult where he would like to reside. You should consult with an attorney in New Jersey who can provide you with legal advice on how to proceed.
