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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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!


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption