Q: Child physical custody
Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION B) children, shall be by mutual agreement. The mother’s home shall be considered primary residence for the children for school enrollment purposes.
My question is…. father keeps insisting on having more time with the children which I’m not opposed to but my son has been staying with him more of full time but his school has reported a decline on his academics since staying with father. I brought this to the fathers attention and he was furious saying I was blaming him for
It but all I asked for me to have my son during the week and he to have him on the wknds until his grades improve but he refuses. Can I legally keep my son? And make a police report if he refuses to return him?
A:
In a situation where you and your ex have 50/50 legal and physical custody, and the court order states that the children shall be with the mother at all other times not specifically reserved for the other parent, you have the right to keep your son with you during the week, especially if his academic performance is suffering due to the current arrangement.
Here are a few steps you can take:
1. Document the decline in your son's academic performance, such as report cards, teacher notes, or other relevant information from the school.
2. Attempt to communicate with your ex in writing (email or text) about your concerns and your proposal to have your son stay with you during the week until his grades improve. Keep a record of these communications.
3. If your ex refuses to cooperate and return your son to you, you may need to file a motion with the court to enforce the existing custody order or to modify the order based on the change in circumstances (i.e., your son's declining academic performance).
4. In extreme cases, if you believe your son is in immediate danger or your ex is violating the court order, you can contact the police to enforce the custody order. However, police officers may be hesitant to get involved in custody disputes unless there is a clear and imminent risk to the child.
5. Consider seeking the assistance of a family law attorney who can help you navigate the legal process and represent your interests in court.
It is generally best to attempt to resolve custody issues through communication and mediation before resorting to legal action. However, if your ex is uncooperative and your son's well-being and education are at risk, you may need to take legal steps to enforce the existing custody order or seek a modification of the order.
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