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How do I get physical custody of my children?

Me and my ex-husband have joint custody of our two children, ages 13 and 14, with my ex having primary residence. My son fights with his father constantly and wants to live with me. The 13 year old gets along ok with dad but also wants to live with me. Do I have to go back to court to get our arrangement changed if dad refuses to make the change voluntarily?

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6 Responses to “How do I get physical custody of my children?”

  1. Aimes said:

    Yes, you have to sue him for custody.

  2. styrckt said:

    ..seriously ,,,

  3. blueeyedgrl said:

    Yes you will have to go back to court. Depending on the requiremants for your state….your kids have a say in where thye live. In my state (VA) the age is 13 for the kids to decide and tell the judge themselves. I would look into this. If your husband does make the change voluntary you will still have to contact the courts and make an amendment to your agreement so it’s all legal. Good Luck

  4. Vote 4 Pedro said:

    Thats terrible. I hate to see mothers taking children away from their fathers. ITS DISGUSTING. If you want to do something good for your children then don’t take them away from their father. It happened to me and both of my cousins and we HATED it. So you do what you want. But make sure you don’t regret it.

  5. pooh said:

    I support you if you can afford to take care of everything. Mother is always the best and only one, kids will need you since they are still young but becareful about your ex-husband cos man can do everything to stop you if he really want to especially if he have gf.

    Think Twice and discuss with the lawyer and kids carefully first before you do anything.
    Good luck.

  6. Mum of1 said:

    yes u will have to go back to court but u have something extra on ur side, both ur boys will have say in court on who they want to live with and the courts will take ur sons choice in who they want to be with, they will also have speak somebody without any of u there so they know for sure its their choice and not urs, but dont worry, everything will work out for u all. so go now and get ur kids primary address to urs. goodluck.

    ps. if u get custody seek child maintenance also if he ex refuse to buy anything for ur sons after they move to urs.


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