Question:
Per our divorce decree, I have scheduled parenting time with my two sons every other weekend. My older son has developmental problems and often needs to return to his mother’s before the weekend is over while his younger brother stays with me.
My ex-wife is now saying that if I return my older son before the schedule parenting time is complete then I must bring our younger child back as well. I take my older son back earlier for his mental well-being; not because I don’t want him!
Can she force me to return both children if I have to return one?
Answer:
I am not licensed to practice law in your state, so I will not be able to give you detailed advice regarding the laws of that state.
If your divorce documents give you every other weekend with your sons, then you are not required to spend any less time with your younger child, and your ex-wife cannot legally keep them from you.
I would advise you to speak with an attorney and have your parenting time schedule modified to reflect an altered schedule for your older child. If you wish, you could try to see him more often, for a shorter time period.
I cannot give you specific legal advice as I am not familiar with the facts of your case. For a more in-depth answer, please consult a family law attorney in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide. To arrange an initial consultation with Janet Yu Johnston, an Associate Attorney in the Louisville, Kentucky office, please contact Cordell & Cordell.
