PLEASE HELP!!! Can i hold my child if his father refuses to take our son on his day?

Asked almost 2 years ago - Black River Falls, WI

I live in Wisconsin and have 50/50 custody with my sons father. This is the second time our son has gotten sick while with me. When i let Jake know, my sons father, he says he does not want him there and will get him the next day. I have mediation in place with specific days and times. My big question here is can i tell his dad that he cant have him till his next pick up day since he is refusing to take him now? I need help right away!!

Attorney answers (2)

  1. Teri M. Nelson

    Contributor Level 14


    Lawyers agree

    Answered . Your question is whether a placement order is "all or nothing" and the answer is no. It is pretty selfish of him to not take him when he is sick and let you have to do all of the hard work. In any future court actions, this will work against him. However, if he wants to pick him up at any time during his court ordered placement, he is free to do so. That is his scheduled time. If you have issues with how your placement arrangement is working, you should talk to an attorney about going back to court to modify. I would caution you not to do that based on only 2 incidents, though.

  2. Charles K. Kenyon Jr.

    Contributor Level 19


    Lawyer agrees

    Answered . You should be talking with YOUR lawyer with this question.

    You have to follow the custody arrangement as set by the court. So does he.

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