Legal Question in Family Law in Missouri

My sister lives in Missouri and has a son that will be 4 in January. The father of her child now lives out of state and has only seen the child for 1 week in July this entire year. The only time he contacted him was on Halloween to tell him Happy Halloween. The court order states that he is to have him every other weekend and a day or two during the week and he has not followed through with this. My sister hired an attorney to modify the court order and her attorney has tried to get in touch with the fathers attorney but his attorney will not get back to him. In the court order the father is suppose to pick up the son at 10:00 a.m. Christmas day and return him on New Years Day at 10:00 a.m. Her attorney wanted to talk to his attorney to try to work out a time that his dad could come visit with him prior to taking him that entire time without even seeing him since July. We have all been trying to prepare her son to go with his dad and he just starts crying and says he wants to stay with his mommy. I even told him that he will have lots of gifts for him and he said the same thing. My sister emailed his dad to see if he will come over and visit with him a couple of times prior to taking him and has had no response. What can happen if my sister does not let her son go with his dad when he gets there and her son is crying and does not want to go?

Asked on 12/20/15, 11:32 am

Mel Franke Mel G. Franke, Attorney at Law

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She must modify the custody arrangement so that he has no custody until he establishes a relationship with the child.

Answered on 12/22/15, 7:20 am

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