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
Timothy Denison
Timothy Denison
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

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

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.