Q: Custody question.
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 academics. 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 report if he refuses to return him?
A:
Based on the information you provided about your custody order, it appears that you and your ex have joint legal and physical custody, with a flexible time-share schedule that can be determined by mutual agreement. However, the order also states that the children shall be with you (the mother) at all times not specifically reserved for the father, and your home is considered the primary residence for school enrollment purposes.
Given your son's declining academic performance, your request to have him stay with you during the week until his grades improve seems reasonable. If you and the father cannot reach a mutual agreement on this matter, you have a few options:
1. Mediation: You can request a mediation session with a neutral third party to help you and the father come to an agreement on a temporary modification to the time-share schedule that prioritizes your son's education.
2. File a motion: If the father continues to refuse your request and you believe it is in your son's best interest to stay with you during the week, you can file a motion with the court to request a modification of the custody order. In your motion, emphasize the decline in your son's academic performance and how the current arrangement is negatively impacting his education.
3. Keep your son with you: Based on the wording of your current custody order, you may have the right to keep your son with you during the week, as long as it doesn't interfere with any specific time reserved for the father. However, this may escalate the conflict between you and the father.
If the father refuses to return your son to you, you can report the situation to the police or file a contempt of court action. However, it is generally better to attempt to resolve the issue through mediation or by filing a motion with the court before resorting to these measures.
It is essential to keep your son's best interests in mind and to document any communication or incidents related to this matter. Consider consulting with a family law attorney to discuss your specific situation and to help you navigate the legal process if needed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
