Legal Question in Family Law in Tennessee
Custody
I have full custody of my 16 year old son. He is wanting to live with his dad. He is staying the summer and his dad has told me if he does not want to come home he is not going to make him. Is there anything I can do and if so what.
2 Answers from Attorneys
Re: Custody
I assume you have an agreed order or divorce decree that gives you the "custody." You could try to enforce that agreement. However, your ex could also petition the courts to modify that order. I think with your son being 16, it is likely that your ex could keep him if you went to court unless there is abuse or some other unmentioned issue in the case. I think you would be better off coming to an agreement with your ex on the issue.
Re: Custody
I am not going to second guess your decision that your son should live with you instead of the father. If you want your son with you during the school year, make clear to your ex that if your son does not return you will both take the ex back to court for contempt and your son to Juvenile Court on an Unruly Petition. *IF* that is the approach you are going to take, make sure you go to court on BOTH fronts as soon as your son is a single day late in coming home -- delay and both judges may well decide you essentially allowed what happened.