Can My Son’s Mother Keep Him From Living With Me?

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I live in NJ. My son who is 18-years-old 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. She has threatened to take me to court if my son refuses to return to her home on summer break. There is no child support as it was terminated due to my disability and no income. I remarried and my wife is willing to have my son live with us. Can his mother stop him from living by going to court?

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Your son’s mother can file a request to have the court enforce the current custody order. You can have your son attend the hearing and declare his intentions to reside with you. The court will consider both of your positions and make a determination in the best interest of your son. Since he is 18-years-old, the court may likely grant his request. Before going to court, you may want to consider working out a more suitable custody agreement with his mother so everyone will benefit.

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Author: House Attorney