More details to this question:
I'm 17 years old and my parent's currently have joint custody of me. Generally, I would switch houses every Monday, Wednesday, and Friday, but my mother is refusing to let me go to my father's house. I would like to know if she is allowed to do this. Also, disobeying my mother, my brother went to my father's house anyway getting a ride from his friend. I would also like to get some of your legal thoughts on that. That is all. Thank you.
8 ANSWERS
It depends on what the court order stated. Speak to your parents about what the court ordered visitation schedule states and adhere to that schedule.
Answered on May 13th, 2011 at 12:30 PM
Theodore W. Robinson
Once you are 16, your mother can no longer stop you from seeing your father. See him whenever you like. Good luck.
Answered on May 13th, 2011 at 11:00 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You aren't really asking the right question. Legally, a parent can set the rules for a child, so the real question is should she prevent you and your brother from see your Dad. Since there is a court order in effect, that order controls who has the decision-making authority between your Dad & your Mom. Your Mom may or may not have good reasons for what she is doing, if she and your Dad disagree it will be up to the judge to decide who is right. If Dad disagrees with her reasons, he is the one who needs ask the Court to tell her that or to decide that what she is doing is appropriate.
Answered on May 13th, 2011 at 10:50 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Your father is the one that would need to take action to enforce the parenting plan if your mother is violating the court order.
Answered on May 12th, 2011 at 12:52 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Your Father has to enforce the parenting plan; unfortunately, you do not have standing to enforce the parenting plan.
Answered on May 12th, 2011 at 12:35 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Your mother is violating a court order by not following the custody order. If she continues to do so, she may be held in contempt of court. Both of your parents are required to follow the order.
Answered on May 12th, 2011 at 11:42 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Generally no. There are issues of your parents custody order or divorce judgment which should outline parenting time. Ask your mom to read it or get one from the county court where their divorce decree is on file.
Answered on May 12th, 2011 at 11:33 AM
Contracts & Agreements Attorney serving Chantilly, VA
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Raheen Law Group, P.C.
Your mother is your guardian and is responsible for your well-being. As such, she does have a say as to what you do and where you go. BUT if you want to be with your father and if your father is willing for you to move with him, the proper way would be to file a petition with the court and ask for change of custody. Good luck.
Answered on May 12th, 2011 at 10:37 AM