Legal Question in Family Law in Missouri

Giving up joint legal custody

My son has joint legal custody of his 10 yr. old daughter. He pays child support (thru garnishment of his wages) but his ex-wife never allows him to see his daughter. He has been divorced since his daughter was 4 yr.old. Since he cannot see his daughter he feels he might as well give up legal custody and stop paying child support. Can he do this and how would he go about giving up joint legal custody?


Asked on 11/17/06, 5:04 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Giving up joint legal custody

Joijnt legal custody means that the parents share equally in the authority to make parenting decisions. It has nothing to do with physical custody or visitation. Does you son have a Court Order which provides for visitation and temporary physical custody of the child. It would be hard to imagine a Court Order that does not do so. If he does, then he would always be able to see his child at the times set forth in the Court Order. If the mother refuses, the police will, in most cases, go with your son to pick up the child. If, for some reason, your son does not have judicially defined rights of visitation and temporary custody, then he needs to go to Court and get them. How can he even consider abandoning his daughter simply because the mother is unreasonable? But, to answer your question, there is no legal procedure of which I am aware that provides a parent the right to terminate his obligation to support his child, unless the child is legally emancipated which can occur in several ways. A ten year old child is not emancipated. Please tell you son to consult with an attorney and do the right thing by his daughter while there is still time.

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Answered on 11/17/06, 10:54 pm


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