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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
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Experience:  B.A.; M.B.A.; J.D.
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My granddaughter is 17 and is court ordered to live with her

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My granddaughter is 17 and is court ordered to live with her mother during the school year. She does not want to return to her mother's from her summer visitation with her father. This isn't the first time she has begged to stay and she is saying she refuses to return to her mother's. What is likely to happen if she doesn't get on the plane?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



My granddaughter is 17 and is court ordered to live with her mother during the school year. She does not want to return to her mother's from her summer visitation with her father. This isn't the first time she has begged to stay and she is saying she refuses to return to her mother's. What is likely to happen if she doesn't get on the plane?



Response: Her mother would file Contempt action against the father. The father would then be ordered to show cause why he should not be in contempt of Court for not returning the teenager to her mother as ordered by the Court. As part of the father’s response to the mother’s contempt action, the father may also request that the Judge speak with his daughter to verify that he is not behind her refusal to go back to her mother's. If the Court is convinced that the father is not the source of the problem, the Court would not find the father in contempt of Court and may allow the daughter to stay with the father and change custody to the father.

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13082
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Her mother told her that she would send a sherrif to arrest her father. Is there a chance that would happen?


 

Expert:  Phillips Esq. replied 1 year ago.

Her mother told her that she would send a sherrif to arrest her father. Is there a chance that would happen?

 

 

Response: No. The chance of that happening is zero. The Sheriff would tell her to go to Court to resolve her issues.

Customer: replied 1 year ago.


Is there any possibility that she would be put in foster care?

Expert:  Phillips Esq. replied 1 year ago.

Is there any possibility that she would be put in foster care?


Response:
No. Why would she be put in a foster care when she has fit parents that would take care of her? Because she does not want to go back to her mother's does not mean that her father would lose his parental rights. There is NO REASON WHATSOEVER based on your narrative here that I see that would cause the Court to take a child from the father and put her in a foster home.

Customer: replied 1 year ago.

Would the mother have had to notify the father if she had changed the custody agreement to the state that she lives in? She moved the child support order but he didn't think that she could move the custody case because he still lived in the original state. And if she did, wouldn't he have been notified?

Expert:  Phillips Esq. replied 1 year ago.

Would the mother have had to notify the father if she had changed the custody agreement to the state that she lives in? She moved the child support order but he didn't think that she could move the custody case because he still lived in the original state. And if she did, wouldn't he have been notified?


Response
: The mother cannot unilaterally change the "custody agreement." That is, the mother cannot change custody without the father's knowledge or consent. Any modification of custody must be agreed to by both parties and approved by the Court. The mother must notify the father of any filing for modification of custody so that the father would have an opportunity to file a response to it.

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