Q: Is it legal to kick your 11 YO out and call his father to come get him, not allowing him back in the house.
My ex-wife has legal and physical custody of our boys 11 and 14. During an disagreement with the 11 YO, she called me to get him saying that he cannot live with her anymore,and that I have to take him. I did and things are fine. Is that child abandonment? If so what can be done? I want legal custody of both of them. I don't see how a mother can just kick an 11 year old out of the house and not even let him get his things. I also have concerns about my other son who is largely unsupervised, allowed to stay out too late, and with whom I have had to intervene on several occasions to get his grades up. Does her actions against the younger son give me leverage in court to also get the older son?
A: There's a lot going on here that's best suited to a confidential consultation with a family law attorney. There's a difference between "kick out" into dad's custody and literally "kick out" onto the sidewalk, with the latter being much more objectionable (possibly even criminal). To change the court order, you would have to file a motion to amend and show the court there's been a "material" (significant) change in circumstances since the last court order was issued. Then, you would have to demonstrate that the change in custody is in the children's best interests. Talk it over in private with a family law attorney to help plan what you should do. Good luck.
Matthew Lane Kreitzer agrees with this answer
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