If I was granted legal and custodial rights over my children but son has moved to where his father is saying, do I have any legal grounds to get him to move back?

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If I was granted legal and custodial rights over my children but son has moved to where his father is saying, do I have any legal grounds to get him to move back?

My now 16 year old son moved out and in with friends where my ex-husband is also staying. My ex-husband does not communicate with me regarding our son (I found out through family who found out through Facebook that my son was injured and taken to the emergency room). I want nothing more than to have my son back with me because the house where is staying is not a healthy environment and I am working with a teacher at his school to set up a meeting to try and resolve this issue.

Asked on October 15, 2012 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are the legal guardian only of the children and the custodial parent you can indeed enforce those rights in court.  But I think that you know how that will be viewed by the 16 year old and that he may just keep running away and back to his father.  So I think that a meeting with some one who can help mediate is a good idea.  I think that you have to come up with a middle ground allowing him time with his Dad - as long as it is not an unhealthy or dangerous situation.  Good luck to you.


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