My brother and his ex-wife have Joint custody. She lives in California, he lives here in Arizona. A week ago they agreed that he would pick them up today and keep them for two weeks in az. Well he drove up there last night, and she said no, you can't take them, after he drove all that way, to be a Biotch.
Can she do that legally? Can he take them for visitation anyways to AZ, they have joint custody?
Please let me know. Proffessional opinions please
2007-06-18 08:24:22 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Thanks you guys for all your info!
2007-06-18 08:35:30 · update #1
If there is a joint custody agreement in place, most states frown on breaking it. Usually, there has to be an egregious breach, such as endangering the children, mental illness that endangers either the parent, the ex, or the children, or substance abuse. Your brother may want to talk to the court of record--I suspect that it's California?--and document the incident, as well as have a sit-down talk with a mediator or arbitrator, as well as the ex. Most importantly, let your brother and his ex know that THIS IS NOT GOOD FOR THE CHILD. Whatever animosity there is or was, the child is not at fault, and should not have to pay for the end of a relationship. Children need BOTH parents, for well or for ill, and squabbling and fighting makes both of you look small and petty in the eyes of a child, as well as hurting the kid. Good luck and God bless.
2007-06-18 08:32:54 · answer #1 · answered by Judy W 3 · 2⤊ 0⤋
I am not professional, but will weigh in on this.
She is going against the court order, so he can do something. If he had taken his papers with him, he could have called the police and she probably would have had to surrender the children. Now that it is over with, he needs to call his attorney and get this into court immediately.
WHERE he can take them should be set out in their custody papers.
2007-06-18 15:28:35 · answer #2 · answered by jboatright57 5 · 2⤊ 0⤋
What does the custody agreement say about that? It should all be spelled out there.
If he is within his rights, he should take the agreement to the local police station & ask them to help him out with this. They may not be able to do anything besides filing an incident report, but that report will help him if he decides to bring her to court regarding this matter.
2007-06-18 15:28:26 · answer #3 · answered by Maureen 7 · 2⤊ 0⤋
Its up to the judge; the terms of the joint custody are supposed to be vey specifci to address these situations.
2007-06-18 15:29:40 · answer #4 · answered by SvetlanaFunGirl 4 · 0⤊ 0⤋
Sorry, but this is for the courts to decide. He really needs to talk to a lawyer...
2007-06-18 15:44:27 · answer #5 · answered by Barbara B 7 · 0⤊ 0⤋
If they had this in writing in the divorce papers she would not be able to stop him. He needs to talk to a lawyer about this.
2007-06-18 15:28:21 · answer #6 · answered by mayihelpyou 5 · 1⤊ 0⤋