Can my mom stop me from seeing my dad? 13 Answers as of May 18, 2011I'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.
Reeves Law Firm, P.C. | Roy L. Reeves
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
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
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
John E. Kirchner, Attorney at Law | John Kirchner
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
Lori C. Obenauf LLC | Lori C. Obenauf
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
Michael Anthony Wing, P.C. | Michael Anthony Wing
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
Howard W. Collins, Attorney at Law | Howard W. Collins
Generally no. There are issues of your parents custody order or divorce judgment which should outline parenting time. Ask your mom to read it or get one from the county court where their divorce decree is on file.
Answer Applies to: Oregon
Raheen Law Group, P.C. | Wali Raheen
Your mother is your guardian and is responsible for your well-being. As such, she does have a say as to what you do and where you go. BUT if you want to be with your father and if your father is willing for you to move with him, the proper way would be to file a petition with the court and ask for change of custody. Good luck.
Answer Applies to: Virginia