ok here goes
father is cp for a 13 year boy, he has custody for 10
months of the year, ncp mother has son for the summer
months, mother informed father that son does not want to
come home, son has yet to give his father any reasons..
when father tries to call his son, mother listens in on
the conversation therefore the son wont talk... son has
not called to speak with his father,
the father work schedule has changed from 9-5 to 4-12,, we
do not know that the son was unhappy, he never
communicates with us, which leads us to believe ncp mother
has promised him the moon and such,,
would the courts grant the child his wishes to stay with
Sorry that I'll have a short answer for you, but that's all that's needed.
First, yes it's possible that the mother may get custody based upon the desires of the child. She would have to file something, rather than simply keeping him against court orders.
Ideally, prior to going to court, you'll be able to get the child into therapy so an objective clinician can help determine what's going on. If both parents are truly concerned for the welfare of the child, and if the clinician is competent, the clinician's suggestions could likely help the situation.
That you would mention the father's work schedule seems to incidicate your belief that it may be a factor. In any event, and I know it's tough to make ends meet and find employment and all that, anything the father can do to have more traditional hours again would also help the father's position in maintaining custody (not to mention being around for the son).
This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.