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Interference With Custody or Visitation FAQ
My ex-husband has visitation with my two-month-old baby one night each week. He lives in a studio and doesn't have any baby accessories. Do I have to let him take my baby overnight?
Because a judge has already ordered overnight visitation, you should comply. You can, of course, send the baby with diapers, formula, changes of clothes and so forth. But you should also firmly suggest to your ex that he purchase what the baby needs. Of course, unless the court order says he must have specific items prior to taking the child overnight, he's not required by law to get them. You can, however, request that the court modify the existing order to include the purchase of these items. As long as you are reasonable, a judge will most likely insist that the father buy a crib, diapers, bottles, formula and other such necessary items.
I've had physical custody of my son since his birth. Now that he's a teenager, he wants to live with his father, who has promised him a car. What can I do?
First, you should consider why you object to the switch and think about whether the change would actually be good for your son. If so, let him go.
If, after some serious thought, you still feel it would be in your son's best interest to remain with you, you can refuse to allow him to live with his father. But that may prompt your ex-husband to petition the court for a change in custody. Once kids hit the teen years, judges will listen to their preferences. That doesn't mean a custody change is automatic, but it does mean that the judge will give weight to your son's feelings and reasons for wanting to live with his father. Keep in mind that arguing and speaking ill of your ex may cause a judge to agree that a change would be best.
Of course, if the father is a danger to your son, you should make this clear to both your son and the court. But, if you want to avoid a nasty court battle, maybe you, your son and his father can agree to joint physical custody and/or a visitation schedule that has your son spending more time with his father.
FAQs
- What are the factors a court will consider when deciding whether to allow a move?
- May the custodial parent move out of state with the child?
- What are good-faith reasons for the move?