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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111537
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband has joint custody of 16yr old minor, mother has

Resolved Question:

My husband has joint custody of 16yr old minor, mother has physical custody. For the last five years we have agreeded to two Consecutive days Monday, tuesdayand alernating weekends. the child is doing poorly in school skipping classes weekly and the mother has done nothing. Now that I have applied pressure to get her grades back on track and stop waisting time. She has determined that she can decide when and if she sees us and that she can make her own decisions. 1. Can she, 2. can we emanicapte her if her mother is no support?
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
The custody agreement is based upon what was entered into the court. If there was no court ordered custody, then it is up to the parents and the custodial parent usually gets the upper hand. If there is no custody order, then dad needs to go back to court and now obtain one, especially based upon the poor performance in school. As far as emancipation, this requires the consent of both parents, not just one.

Dad can also go to court and seek a change of custody and get physical custody based upon what is in the best interests of the child and bad behavior and poor school performance is definately a reason the court will change custody if he seeks it.

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