Can my mom stop me from seeing my dad? - Child Custody Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can my mom stop me from seeing my dad?

I'm 17 years old and my parent's currently have joint custody of me. Generally, I would switch houses every Monday, Wednesday, and Friday, but my mother is refusing to let me go to my father's house. I would like to know if she is allowed to do this. Also, disobeying my mother, my brother went to my father's house anyway getting a ride from his friend. I would also like to get some of your legal thoughts on that. That is all. Thank you.

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
Contact this Attorney Now

It all depends on the court papers that exist between your mom and dad. That said, you can ask dad to file a Petition to let him decide where you live and he can then be the one that gives permission (assuming he does not have it now). As a matter of rule, you are not an adult, so yes, she can tell you what to do. But, if the court has given your dad visitation on certain days, and she says no, then she is violating court orders. Since your brothers chose the action they did, it would appear to me that your Dad needs to be more proactive in getting say or asserting the say that the court already gave him.

Answer Applies to: Texas
Replied: 5/17/2011

Warner Center Law Offices of Donald F. Conviser
Contact this Attorney Now

If your parents have joint custody, your mother's refusal to allow your dad his time with you amounts to contempt of the joint custody order. The law states that parents should have frequent and continuing contact with their child. Your mother could suffer harsh adverse consequences from her interference with your dad's custodial time, including a possible fine, possible jail time, and possible loss of her joint custody, depending on what remedies your dad might seek from the Court. You have the right to time with your dad, and he has the right to time with you. To exercise your right, you merely need to find transportation to visit with your dad, either by your dad's coming over to pick you up, or a friend or relative of yours providing you the transportation.

Answer Applies to: California
Replied: 5/12/2011

Answer By Tina Fox
Fox Law Firm LLC
Contact this Attorney Now

It depends on what the court order stated. Speak to your parents about what the court ordered visitation schedule states and adhere to that schedule.

Answer Applies to: Illinois
Replied: 5/12/2011

Theodore W. Robinson, P.C.
Contact this Attorney Now

Once you are 16, your mother can no longer stop you from seeing your father. See him whenever you like. Good luck.

Answer Applies to: New York
Replied: 5/12/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
Contact this Attorney Now

You aren't really asking the right question. Legally, a parent can set the rules for a child, so the real question is should she prevent you and your brother from see your Dad. Since there is a court order in effect, that order controls who has the decision-making authority between your Dad & your Mom. Your Mom may or may not have good reasons for what she is doing, if she and your Dad disagree it will be up to the judge to decide who is right. If Dad disagrees with her reasons, he is the one who needs ask the Court to tell her that or to decide that what she is doing is appropriate.

Answer Applies to: Colorado
Replied: 5/12/2011

Answer By Lori C. Obenauf
Lori C. Obenauf LLC
Contact this Attorney Now

Your mother has no legal right to stop you from seeing your father. This situation sounds like there are personal matters that need to be addressed so that the issues that are causing the friction are addressed. I recommend that you seek the advice and counsel of your pastor or family counselor to assist you and your family in addressing these matters. Good luck.

Answer Applies to: Georgia
Replied: 5/12/2011

Seattle Divorce Services
Contact this Attorney Now

Your father is the one that would need to take action to enforce the parenting plan if your mother is violating the court order.

Answer Applies to: Washington
Replied: 5/11/2011

Michael Anthony Wing, P.C.
Contact this Attorney Now

I have two different answers for you. 1) Legally, in Alabama, you are a minor until the age of 19. Accordingly, you are subject to your guardian's direction and control. So your mom can tell you, "don't do it." 2) Practically, you could push the issue, but you must consider the consequences. If you could support yourself, you could petition a court for your emancipation, in which case you are deemed responsible for yourself. If you disobey your mother, her recourse includes resorting to the state for assistance. She could allege you are a disobedient child in need of supervision (CHINS). However, at that point, I think the juvenile court judge would consider whether her request for you to not visit your father was based on facts that lead to the conclusion that it is in your best interest to be kept from your father. If the facts indicate that the contact with your father is good for you, then I would expect the judge to conclude your mother was acting out of spite rather than in your best interest. However the opposite is true: if the court concludes that your mother is acting in your best interest or that you are abusing your freedoms, then the court could keep you locked up for a time. The facts, I think, would determine the outcome. Stay well.

Answer Applies to: Alabama
Replied: 5/11/2011

Answer By Glenn E. Tanner
Glenn E. Tanner
Contact this Attorney Now

Your Father has to enforce the parenting plan; unfortunately, you do not have standing to enforce the parenting plan.

Answer Applies to: Washington
Replied: 5/11/2011

Cody and Gonillo, LLP
Contact this Attorney Now

There may be things going on that you are not aware of. You should obey your parents. It is up to your parents to bring the matter to court.

Answer Applies to: Connecticut
Replied: 5/11/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy