Can my mom stop me from seeing my dad? 13 Answers as of May 18, 2011

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.

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Reeves Law Firm, P.C.
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
Replied: 5/18/2011
Warner Center Law Offices of Donald F. Conviser
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
Replied: 5/13/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
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: 5/13/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
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: 5/13/2011
John E. Kirchner, Attorney at Law
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
Replied: 5/13/2011
    Lori C. Obenauf LLC
    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
    Replied: 5/13/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    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: 5/12/2011
    Michael Anthony Wing, P.C.
    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
    Replied: 5/12/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Your Father has to enforce the parenting plan; unfortunately, you do not have standing to enforce the parenting plan.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    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: 5/12/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Your mother is violating a court order by not following the custody order. If she continues to do so, she may be held in contempt of court. Both of your parents are required to follow the order.
    Answer Applies to: California
    Replied: 5/12/2011
    Howard W. Collins, Attorney at Law
    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
    Replied: 5/12/2011
    Raheen Law Group, P.C.
    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
    Replied: 5/12/2011
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