Legal Question in Family Law in Oklahoma
What are child's rights in joint physical custody
I have joint physical custody with my ex. The physical custody schedule is split from the 1st of month to 15th with me and then from 15th to last day of month with ex. Today is the day my son goes back to his Dad's and he doesn't want to go. He tells me it is too stressfull at his Dad's house. He says he is tired of the constant fighting between his Dad and step-mother,the bad mouthing they do against me, his step-mother's favoring her children over him and his sister, etc. What are his rights? Does he have to go back to his Dad's. I know I can go back to court, but since today is the day, I need an answer now. His sister feels pretty much the same way, but she says she the guilt would eat her up about hurting her Dad's feelings. Our son is 12 and our daughter is 16. Can you help him?
2 Answers from Attorneys
Re: What are child's rights in joint physical custody
If you had an attorney representing you in the divorce you should consult him/her as they are in a better position to know your case. Counseling may be needed to adjust the relationship at his father's home. I would recommend that you tell your son that you plan to discuss the situation with the father and encourage him to continue seeing his father until you have had an opportunity to work something out. If the situation does not change or if you genuinely believe that it is harmful to his physical or emotional well being, then you probably should seek to modify the custody arrangement.
Re: What are child's rights in joint physical custody
Custody and visitation are not popularity contests. Either you obey the order or have a very good reason for nor obeying it, and file an action pleading your very good reason.
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