Can I file a motion to modify child custody on behalf of my minor child?
My son wants to live with me, and I think my ex-wife would be less likely to fight it if our child was the Plaintiff and not me.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child custody laws where I am licensed to practice.
If you are able to file on behalf of your son you will still be listed as the Plaintiff. However, in most jurisdictions, a child cannot file for an action for modification of custody.
Based upon divorce and child custody laws where I practice, an election from a child between the age of 11 and 14 is given less weight than one from a child over the age of 14. The key is that the child has to have a logical reason for changing the present support and placement.
Choosing Mom or Dad:
I am unsure as to whether your state’s child custody laws provide for such elections and involvement of the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.