Legal Question in Family Law in Missouri

My ex husband is allowed weekend visitations with our two young children; ages 5 and 7. However, recently the kids have decided they don't want to go spend the weekend with him. He says they have to come with him no matter what and that he will drag them off if he has to. He married his girlfriend of two and half months and now she's convincing him that he can do as he pleases when it comes to the children. If the children are afraid to go with their father and refuse then do I have to let him take them?


Asked on 1/09/12, 7:49 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Generally, the law does not allow children to decide whether they see one parent or the other. The terms of your Court Order are controlling, and if they give your ex the right to the physical custody of the children then you would be in violation of the Order if you prevent him from exercising his rights. However, a parent's primary duty is to protect the children. So, if there is any danger of the children being abused, neglected, or harmed, then you may need to go back to court andseek some judicial relief. Please consult with an attorney.

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Answered on 1/10/12, 4:50 pm


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