I have sole legal and physical custody of my son. My ex had my 16 year old son sign an affidavit to request a change of custody without my knowledge. My son has stated he felt coerced and does not want to move. Is it legal for my son to sign such a document without my knowledge and what do we need to do to rescind the affidavit?
Asked on 12/13/12, 10:55 am
2 Answers from Attorneys
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
Your lawyer (and you need one) will know what to file in your ex-husband's court case. (Until he files his case, the affidavit is useless).
Answered on 12/13/12, 10:58 am
Paula McGill
Attorney at Law
If you son does not want to move, once the petition to modify custody has been filed, he can file a counteraffidavit. At that point, it may become necessary for your son to testify at a hearing or at the minimum speak to a court appointed guardian ad litem.
Answered on 12/13/12, 9:27 pm
