Glasgow, KY asked in Child Custody, Divorce and Family Law for Kentucky

Q: Do I legally have to send my 6-year-old to his father’s house when he doesn’t want to go? 50/50 custody, no set days

My son is 6. His dad & I co-parent & are both very present in his life, which is why we settled on 50/50 custody & no specific set days- we knew we could get along to do so. Fast forward, now my son’s dad is remarried & his new stepson has severe behavior/authority issues and bullies our son often- It’s been witnessed. Lately, when it comes time for him to go to his dads, he cries so hard he loses his breath, he will shake all over, & beg me to please not make him go because of new step brother & b/c they have to “yell at him to make him mind” & it scares him. I would never keep my son from his dad just out of spite or revenge. I just have an issue sending him into such environment. I’ve talked to his dad multiple times & told him he was going to have to figure out a diff way of disciplining stepson or I was going to start letting my son decide whether he wants to go or not. His dad tries to tell me he can MAKE him go. How does it work with 50/50 custody/no set days? Am I overreacting?

1 Lawyer Answer

A: Yes. You do until the court changes or modifies the parenting schedule.

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