Q: I have joint custody. He is 11. He never wants to go back to his mothers. He will usually throw a fit and reluctantly go. I tell him he needs to respect his mother and go with her, and then he is mad at me for a day or two... but he knows the drill, he's been doing this since he was 8 months. I hate sending him back, but I do not want to be arrested for 'stopping visitation time'. What happens if he does not want to go back? and refuses to go? If his mom calls the cops to 'enforce' the order, what can happen? I know she will put up a stink because if he chooses to live with me primarily she will lose her support.It isn't about the money, I wouldn't even ask for support if I had legal primary. Hate seeing him mad and confused.
do i keep making him go back, create a petition in the meantime, and video/audio record his behavior? Or do I try to come to an agreement with his mother, if nothing comes to an agreement, then go forward with court action?
A: David's Answer: If the police determine you're guilty of custodial interference, it's a class A misdemeanor subjecting you to arrest & possible incarceration for up to 1 year. The police can also force a return of the child to the mother. As such, if there's a need to modify the order, it's best to file a petition - if there's an emergency, you can bring the child to court with you & file an order to show cause. Schedule a consult with a NYC Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
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