The child a 15 year old wants to live with his father now they have joint custody but she has legal phyical custody, what happens if we just do not take him home?
2006-08-07 16:32:48 · 10 answers · asked by jettspets 1 in Family & Relationships ➔ Other - Family & Relationships
Its a bad move not to take him home.
A better move is to talk to your lawyer and have the lawyer petition the court regarding the childs wishes.
A 15 year old can simply tell the judge where they want to live and bingo,, that is where they live unless there is something wrong in that household that the judge would say isn't right for the kid.
2006-08-07 16:37:09 · answer #1 · answered by yeller 6 · 0⤊ 0⤋
Does the father want to go to prison? If yes, then keep the child. It doesn't matter if the child says they want to stay with him. He lives with his mom.
Do you want to be considered an accessory to kidnapping then continue as you're doing...
The mother got physical custody in the first place for a reason. If the child is now 15, that means the mother has raised the child all this time. In 3 years the child can live wherever it wants.
2006-08-08 02:10:35 · answer #2 · answered by AB 2 · 0⤊ 0⤋
If u do not take the child back the mother might file kidnapping charges. That might start a whole mess of trouble. If I were you I would take the child back like u r supposed to do and then file for physical custody. if u use the court system then it may take longer but the end result will be much better. It will also show the child the proper way to deal with situations.
2006-08-07 23:41:06 · answer #3 · answered by gman81874 3 · 0⤊ 0⤋
Legal physical custody just means primary physical placement, father has secondary physical placement. Basically meaning when the mother has the child she has custody, when the father has the child he has custody..if you did not return the child within set parameter you could be charged with kidnapping. If the child wants to live with the other parent then it needs to be handled through the family courts. They will probably have you go through a mediation process.
2006-08-07 23:39:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The divorce decree that states "physical custody" meaning who the child lives with is the law for you. Take the child to the "physical custody" parent and let a judge change it if all are in agreement, otherwise, you will have a fight on your hands. If you do anything illegal you will surely lose in court. As long as the child is not being abused, let it play out in court. It is the American way :)
2006-08-07 23:41:02 · answer #5 · answered by Sunny 2 · 0⤊ 0⤋
Make a change to custody issues legally or there are consequences for actions. The child is old enough to help explain/justify this if a day in court to change custody is needed. Too avoid unnecessary legal hassles, go through court. If both parties agree, it should be a simple process.
2006-08-07 23:37:53 · answer #6 · answered by viclyn 4 · 0⤊ 0⤋
joint custody is just that...joint. the child is of legal age to choose, especially if one of the parents hasn't been deemed unfit. unless there's some legal reason the father can't have him...drugs, abuse, things like that, if the kid wants to stay with him, there's not a whole lot the mom can do. if she takes the father to court, the judge would just ask the kid.
2006-08-07 23:38:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You had better talk this over with the other parent before not taking the child home, or you may find yourself in legal trouble.
2006-08-07 23:37:27 · answer #8 · answered by fcas80 7 · 0⤊ 0⤋
in my state a child can chose witch parent he/she lives with when the child turns 12 you will have to go back to court but at 15 their should be no problems go to they court house and set it up
2006-08-07 23:41:13 · answer #9 · answered by steamroller98439 6 · 0⤊ 0⤋
ALL THE ANSWERS TO THIS ARE DIFFERENT YOU HAVE TO CHECK OUT THE LAWS WHERE YOU LIVE,IN ONTARIO CA 12 YRS YOU CAN GET YOUR PARENTS TO CHANGE THE CUSTODY ORDER OR YOU SHOULD CALL A LAWYER TO SEE WHAT APPLIES TO YOU WHERE YOU LIVE GOOD LUCK
2006-08-07 23:40:02 · answer #10 · answered by yvette b 3 · 0⤊ 0⤋