Legal Question in Family Law in Missouri
My ex-husband and I have been divorced for 9 years and we have joint lega/physical custody of our two children. My son is 16 and doesn't want to live with his dad every other week anymore for a number of reasons. Does he have fo go to his dads on the scheduled week or can he stay with me? His Dad has threatened to call the police if he did not go.
1 Answer from Attorneys
The terms of the existing Judgment control. If you want to change them you need to file a Motion to Modify. The fact that your son does not want to go may not be a sufficient reason for the Judge to grant the Modification. The rights of the child's father must also be considered. If there are other reasons that the existing terms should be changed then you will have a better chance of success. Please feel free to call me for a free telephone consultation.