Can a mother of a child withhold the child from his father when they have joint custody?

Full question:

Can a mother of a child withhold the child from his father when they have joint custody? And does the mother have all the power to say when and where the father can see the child? What if the mother is uncooperative with the father and uses the child as a pawn

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: West Virginia

Answer:

The terms of the court order govern child custody and both parents must abide by the order. A parent who wishes to change terms of a court order should go back to court with specific reasons in the best interest of the child to request a modification. Parent must also be able to prove that the circumstances pertaining to custody have substantially changed and it is now in the best interests of the child(ren) for him/her to have sole legal custody.

Please also see the additional information at the following links:

http://www.divorcesource.com/info/divorcelaws/westvirginia.shtml
http://research.lawyers.com/West-Virginia/Divorce-in-West-Virginia.html

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When a mother keeps a child from the father, it is often referred to as parental alienation or custodial interference. This can occur when one parent unreasonably restricts the other parent's access to the child, which can be harmful to the child's relationship with both parents. Legal action may be necessary to address such behavior.