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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110403
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have my 2 sons 13 and 10 only 3 month in the summer in

Customer Question

I have my 2 sons 13 and 10 only 3 month in the summer in cal- they stay with mom in AZ.
we both share custody. My older son wants to go to school her at least try in for even half a school year. His mom is saying no (worried about child support payments) .
I am to drive to AZ and drop them with mom next week. If she does not agree could I keep my son or she still would have more rights. I would think he is old enough to decide where he wants to live and its only for 6 months to see if he does better here.
he is crying for help because he really hits his little brother to the point he say he hates him thinking of putting him with a therapist to help with his anger.
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if you have joint custody, the parents are to share in these decisions. If he wants to try school in AZ and she refuses to work this out, you cannot keep your son without a court order. If you believe he is old enough to make this choice and there are issues between siblings more than ordinary sibling conflict, then you need to go to court now, immediately, to seek an ex parte or temporary order of custody based on the behavior issues and the fact he wants to go to school in AZ which would be in his best interest and in accordance with his wishes and a court has to decide.
If you just keep him, she will pursue you for contempt.
I suggest sitting with her seriously and having the conversation about behavioral issues and school may be better for him in AZ at least temporarily and even agree to put it in writing to evaluate his school performance and behavior at the end of the first half year and if it has not improved or he wants to return then you would return him to her.
The courts really expect to see parents discuss and work out these problems between themselves and not in court if at all possible, so that should be your first step and if that fails you have to file an emergency or ex parte motion in court where the custody order was issued to get the court to give you an order to allow this change.
Customer: replied 2 months ago.
Thank you very much for your assistance. We do have a conference call today in order to discuss my son's behavior as well as his request to stay here. If his mother refuses and we file the oppropriate ex parte or temporary order does my son still need to return with his mother until the court ruling?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Your son needs to return until the court says he does not have to return or else you risk being in contempt of the custody order.
Customer: replied 2 months ago.
Understood, since their mom lives in Arizona and I live in California where would I have to file?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
You would have to file in the court that issued your child custody order.