QUESTION
Can the father legally take his son against his will?
Asked on Dec 20th, 2012 on Child Custody - Louisiana
More details to this question:
I have joint custody of my 12-year old son. He lives with me and goes to school in my district.
8 ANSWERS
If there is a parenting agreement in place then yes, you have to abide by that court order agreement even if the son does not want to go. You are the parent and you must foster a relationship between the two. The two adults must show the child that he must do what's right (follow the order) even when he does not "want" to do so.
Answered on Dec 21st, 2012 at 5:19 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
In Wisconsin, a 12-year old may not decide for himself with which parent he resides. That is for the parents and the courts. In general, it's not a great idea to let a child think he has much of a say. He will state his preferences regardless, but they do not have much weight. When he is a few years older, of course, he has a practical, but not a legal, voice in determining where he stays, because you can't really hold a 16-year old down and truss him up and send him to the other parent's house. Puberty and adolescence call for both parents to do their best to cooperate in the child's best interests.
Answered on Dec 21st, 2012 at 5:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It is, at least in Michigan, the duty of the custodial parent to encourage the continuing and close relationship of the child with the noncustodial parent. Generally, 12-year-olds are not the masters of their own fate and must follow the instructions of their parents, including their participation in parenting time with the noncustodial parent. If the precedent is set that the 12-year-old will be able to do whatever he wishes, it is going to be hell to pay when he is 15.
Answered on Dec 21st, 2012 at 1:57 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Since you don't say what state established what you call "joint custody" it is not possible to evaluate your question. Generally, that term, by itself, doesn't mean much and doesn't answer any questions. You need to consult the actual court order to clarify what authority and rights were given to each parent. And, since you don't explain what you mean by "legally take his son against his will" it is not clear what the real question is.
Answered on Dec 21st, 2012 at 1:18 PM
Child Custody Attorney serving Milwaukee, WI
at
Zales Law Office
Update Your Profile
That depends on the placement order you have. Custody is one thing, placement and visitation another. They are different matters. Custody does not control placement and visitation.
Answered on Dec 21st, 2012 at 1:18 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You have not said whether you are the mother or an interested party. You have not said if there is a custody agreement. If there is a custody agreement, that controls. If there is no custody agreement, then the father has every right to have custody of his son. If you are not the mother, you probably do not have any right to custody.
Answered on Dec 21st, 2012 at 1:17 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If the father has court ordered visitation the son has to go. It is important that you encourage the son to go so you look good in court and especially as children need both parents in their lives.
Answered on Dec 21st, 2012 at 1:17 PM
Divorce & Separation Attorney serving Baton Rouge, LA
at
George E. Downing, Jr. Attorney at Law
Update Your Profile
The joint custody plan should have included a provision outlining the visitation periods. Read it over and see. If it is silent, get an attorney to file a Rule To Set Visitation Schedule.
Answered on Dec 21st, 2012 at 1:16 PM