Legal Question in Family Law in Missouri

My ex-husband and I have joint custody of our 12 year old son. However, my ex-husband has primary physical custody. My son has run away from his father and wants to stay with me. My son was picked up by the police department and sent back to his father's. I know that my son has told his father several times that he wants to stay with me, but his father doesn't listen. Every time my son comes for a weekend visitation, he doesn't want to go back to his father's house, but I have been making him go. We live in Missouri. What are my options?


Asked on 2/17/10, 7:01 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

It sounds to me as if you should be filing a Motion to Modify asking the Court to change the physical custody order and appove a new parenting plan. The child's wishes are not controlling, but they are on a list of factors the Court can consider if the father contests the modification. I have handled many such cases, and you should feel free to call me for a free telehone consultation.

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Answered on 2/27/10, 4:44 pm


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