Legal Question in Family Law in California
My ex wife and I share joint physical and legal custody while primary physical was granted to her . My son just turned 15 and doesn't want to return to mothers home. Legally does he have to and. I n what terms. Also she is forcing him to take add medication when he doesn't want to and according to divorce decree it's supposed to be a joint decision.
Please help,
Andrew
3 Answers from Attorneys
Andrew
Because if your sons age, the court has the power to give his desires greater weight in determining custodial placement. Return to ourt on a motion to address these concerns.
You need to file a motion with the court to modify the current custody and child sharing order. You will want to have a medical opinion on whether your son will need take and ADD medication. Good Luck,
The answers you have received are correct, particularly about coming prepared with a medical opinion on the ADD, but they leave out a key part. Unless and until you do as they say and get a modified order, YOU are legally responsible for making him comply with the order. If you fail to do so, you can be held in contempt of court and it would jeopardize your case if you then filed a motion. You have to comply with whatever order is in place at the time.
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