Custodial Father Won't Take back Son

[rkshost]

My wife is currently in the process of trying to send her son (whom she has had for 2 years) to his father who is the custodial parent. For 2 years the father has resisted my wife from sending her son back to him. The boy is 16 years old and currently is tied to a probation officer for several misdeameanor charges. The father recently contacted the probation officer and explained to him that he was not ready to have his son come live with him, which is the excuse he has been giving my wife for 2 years. Initially the probation officer had no problem with the mother sending her son to the father, but after the father had talked to the probation officer he changed his mind. The probation officer then told my wife that under no circumstances will she send her son back to his father or she will be held in contempt, this is due to the fact that the father is not ready to have him come back to live with him.

My wife as stipulated in the divorce decree has her son during the summer, and the father is suppose to have him during the school year.

Does my wife have to abide by what the probation officer stated?
Can the custodial father be cited for child abandonment?
Does the father have to take back his son?



Thank you for your help.

 

[seniorjudge]

Q: Does my wife have to abide by what the probation officer stated?

A: If she has been ordered to do something by a court, she must follow that; but the probation officer (minus a court order) has no jurisdiction over ma.



Q: Can the custodial father be cited for child abandonment?

A: No; he has not abandoned the child. The child is with his mother.



Q: Does the father have to take back his son?

A: No.

 

[rkshost]

Thank you for your help, just one more question if I may.

Will the Mother be cited for child abandonment if she sends her son to a father that doesn't want him?


Thank you