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Attorney Wayne
Attorney Wayne, Lawyer
Category: Family Law
Satisfied Customers: 1506
Experience:  Practicing Law Since 2000
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My question is simple. I have joint custody with my daughter.

Resolved Question:

My question is simple. I have joint custody with my daughter. My ex wife has her from 5pm Friday till 5pm on Saturday. My daughter is 16 and my ex is now trying to keep her more against our agreement.

My question is at 5pm I believe I should all the police to escort me to my ex wife's home to get my daughter. Once I get there if my 16 year old daughter doesn't want to come because they are promising a million things to her. As long as the court order says so and this has been the way for over a year. Will the police make her come with me? Or because of her age let he stay? In other words does she get to stay when it is my parenting time?

Also, my ex came and got her before her parenting time and wouldn't let me know where she is for hours till I had the sheriff call and confirm where she was.
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney Wayne replied 4 years ago.
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Hello. Thanks for contacting us. I am sorry to hear of this. But be comforted to know that situations like this are not uncommon when kids become teenagers. As we know, they start to exercise more of their own will.

The short answer is that the police will not get involved unless the court tells them to do so. If there is a parental kidnapping, that's another thing. But this sort of dispute needs to go to court, first before the police will get involved.

Given the child's age, the court will actually ask the child its opinion. But, until that time, the mother is supposed to follow the plan. One solution would be to go to court to ask for a show cause order or contempt citation for her refusals. However, understand that she has a right to offer a defense -- and changed circumstances might be that defense (that's where the views of an almost adult child will be considered).

So in brief -- unless the child is endangered or being abused, it is not usual for police to intervene without a court order directly telling them to do so.

Sorry to be unable to deliver the answer I suspect you hoped for, but I know you wanted it straight and factual.

I wish you speedy resolution in this matter.
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