My 12 yr old wants to live with me

I'm from ontario canada...I have a shared joint custody of my 12 yr old son however I am not the primary caregiver...I know @ 12 yrs old they can make that decision...but I have no idea how to go about doing this and believe it can be done without going to court

Hi there. Your son is at an important age when it comes to these decisions. Around the age of 12 (sometimes even younger -- say 10), the Courts will take the child's preferences into consideration. This is not absolutely binding, however; rather, the Court will always look out for what it deems to be in the best interests of the child regardless of his or her desires or the wishes of either parent. This is an important matter, so you really should at least speak with Canadian legal counsel. WLD has lawyers in Canada, so I would suggest you go to their main page and request a referral. Hope it all works out well. AJJ

Originally Posted by Unregistered I'm from ontario canada...I have a shared joint custody of my 12 yr old son however I am not the primary caregiver...I know @ 12 yrs old they can make that decision...but I have no idea how to go about doing this and believe it can be done without going to court

Are you a male? If you yes, it will be really hard to get custody, even if you are a better parent. A mother has to be a real screw up and the child's life would have to have been jeopardized more than once to prove to the courts you are the best parent.

Do you pay child support? Even tougher. The mother will fight you with everything she has. That way she can keep that cs money coming in, and if you become the custodial parent, it would actually mean she'd have to help be financially responsible for her own child, and many woman think "that's just not fair!" that they would have to pay a portion of the child's needs.

Are you a woman? If you, you got it in the bag. Just go to court and you will likely get whatever you are asking for.

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Those kinds of posts are NOT necessary. You should probably log in and get a name so legitimate posters with legitimate issues know what to ignore.