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A parent refuses to take physical custody of child under a divorce decree, does the child have to go back if the parent changes their mind?

7 Answers

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  • 2 years ago
    Favorite Answer

    Whatever the court papers that still exist say, that has to be obeyed.

    If parents go to court and the child is supposed to go to both places, but one parent says they won't take care of them, the one parent who is taking care of them properly can go back to court and ask that the court order be changed to say they have full custody, or they can report the other parent for not doing their part to look after the child. Not doing what a court order says to do will get someone in big trouble with the judge. And until those court orders are changed by a judge, they need to be obeyed.

    So yes, if your parent said at first that they don't want you to come, and then someone pointed out that they have a court order saying they must, you must go there.

    No one can change things until they go back to court and ask the judge to change the court order, and give you a new piece of paper that says what you need to do. and judges won't change things, unless there's a good reason it isn't safe for you to go. That's the way it works, sorry.

  • ?
    Lv 7
    2 years ago

    If a parent refuses to take physical custody one wonders why that parent fought for custody to begin with. One would assume this would make it easier for the other parent to fight for sole custody and have it granted to them.

  • 2 years ago

    Go back where/ Sorry, do you mean the parent is refusing custody of the child so they go to the other parent or the state? Your question is kinda confusing.

  • 2 years ago

    To not follow the Divorce Decree or Custody Arrangements leaves the person open to being chaged with Contempt of Couirts and can be fined or even jailed.

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  • Liz
    Lv 7
    2 years ago

    A poster on yahoo answers fails to understand that laws differ from jurisdiction to jurisdiction.

    Oh look, it's you!

  • Anonymous
    2 years ago

    First, nobody here can guess what this means. It depends on state laws and, even more, the wording in the divorce decree. Also, you left this too vague.

    In most situations, though, if the non-custodial parent is paying child support, the other parent HAS to let the child go. It's illegal to not do this, because it's a violation of a court order.

    If this is the primary custodian, like I said, you left this too vague.

  • 2 years ago

    If the divorce decree states that a parent doesn't want physical custody in the Court divorce hearing, then once the papers are signed, they are filed at the Court house and it's done. And this decision is written in stone.

    It can't legally change unless the issue is taken back to court. And in cases such as this, the child can talk with the judge about what they want to do in private. The parent you live with can ask the attorney for a meeting like this. He will ask simple questions about which parent the child wants to live with and why.

    If the child is happy and content living where he or she is already, most judges do not order a child to move to the other parent's home. Why would a judge uproot a child who is content where they are?

    I'd think the only reason a child would be removed from his custodial home would be because the child is abused or neglected. Otherwise, it's best to leave well enough alone, and leave the child in the home where they have been living.

    All of this costs money... it's not free.

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