Custody Question

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MDLAJ

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My son's father and I have joint legal custody. My son is 12 yrs. and we are in the state of PA. My son's father has primary physicall custody and my son comes to see me every other weekend. Just this past week my son told me that his lawyer said that he doesn't have to obey the court order - in other words he doesn't have to see me if he doesn't want to. Is that true? Isn't this a violation of the court order? If so, how can I report what the lawyer has done. I have already filed a petition against his father for contempt of the court order. However, we do not have a hearing until Dec. 5, 2008. Can someone help me understand?

Thank you!
 
No, that is not true. He has to abide by the court order. Perhaps his lawyer told him that he may state a preference in court, and your son misinterpreted it.

Keep track of every instance of contempt.
 
Thank you - but no my son's father probably told him this as he is trying to manipulate my son.

Next Question:

What does Joint-legal custody really mean. At present my son's father will not allow me to speak with him and he was successful in keeping my son from coming with me last weekend. The court order also says that we have to go to family counseling - some how I don't think his father will come. I have already attended my first session last week. I have filled a petition/complaint with the Courts for Contempt and we have a hearing in Dec. 2008. My son has several challenges one being with anger another academics. His father is not coporating with regards to getting my son tested and finding a school that would be good for him. My son has been homeschooled for two years and for most of his life attended private schools with a maximum of 7 students in a class. He has been kicked out of 5 schools and the one public that i had him in wanted to lock him up - which was why I homeschooled him. His father is insisting on placing him in an Public School in an area that is noteorious for having extremely violence and low academics. This will have major adverse affects on my son as he has never been exposed to this type of culture. My question is - because we have joint-legal custody can his father place him in this school with out my knowledge and my consent?

Thank you!
 
Joint legal custody means that you share decision making responsibility in important matters with regards to your son. That generally includes decisions about his education. Your ex is supposed to consult you about those decisions, so if he doesn't you can add that to your contempt list.

Can he enroll your son in the school? Yes, he can. He will be in contempt, but the school will have no way of knowing that. Nor will they get involved in your legal struggles.

Do you have a lawyer? And can you please keep all your related questions in the same thread?
 
I apologize as I am new.

No I don't have a lawyer. Custody was moved because my son ran away and said I abused him - there was not evidence. Because my son is so determine to live with his father we came up with the agreement, however, only with family counseling. I have my reservations with regards to his father hence the family counseling. If his father wants to be in his life and my son is determine to be with him, then there will have to be on-going counseling as both have serious issues with anger, violence deception, etc. If this doesn't work - then there will be full custody battle, something that I am trying to avoid - I don't think that will be in my son's best interested.

Thank you!
 
Well, good luck to you. It sounds like you've had your hands full! Twelve can be a difficult age as it is, but with your son's additional issues, it can't be easy for any of you. I hope everything works out for your family.:)
 
I just found out that my son's father may still be on probation. How can I find out for sure and if this is true how does this effect the court order? He may not be safe for my son to be with?

thank you!
 
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