If my son’s mother is the domiciliary parent but refuses to take our 16 year old to get his drivers’ license, can I take him myself legally?

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If my son’s mother is the domiciliary parent but refuses to take our 16 year old to get his drivers’ license, can I take him myself legally?

Asked on December 26, 2012 under Family Law, Louisiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends on how your custody papers are worded.  Most grant both parents the same rights and duties-- but only grant the one parent the right to determine the residence of the child.  If this is how your orders are set up and there are no provisions which say you cannot, then yes, you can take your 16 year old son to get his driver's license.  If your custody orders grant her all the rights and duties to make all decisions regarding the child-- then you would need to modify the court orders first.  Practically speaking, most parents have the same rights, with the exception of the right to determine the residence of the child.   Many people assume that because they have the right to determine the residence of the child-- that they have the right to make all of the decisions regarding the child-- when in actuality, the decree grants far more rights to the non-custodial parent.  Your starting point is your custody paperwork.  Follow whatever it provides and you'll be in compliance.  If there is no mention of this restriction, then you can take him for his big day!


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