Father doesn’t want to let my son come home

[Jessmarie07]

What is the name of your state?texas

 

[Zigner]

Please just "reply" to continue with your question.

 

[Jessmarie07]

My son is 12 years old and his dad helps me and takes care of him while I work well last night I went to pick him and his dad came outside and stated he didn’t want to let my son come home with me because my son said he doesn’t want to come with me because I yelled .. can he keep him from me ? Can he take him away from me for that ?

 

[Zigner]

Do you presently have any court orders in place?

 

[Jessmarie07]

We have a joint custody

 

[Just Blue]

We have a joint custody

Then no. You both must follow the CO. Do you yell excessively? Is your son in therapy? Were you yelling at your spouse/BF/GF or at your son?

 

[t74]

Do you presently have any court orders in place?

If so, what are the specifics?

 

[Jessmarie07]

I yell when he doesn’t listen or when he has his headphones and doesn’t hear me talk to him .. I yell at him ... I had got him a phone and we hadn’t told his dad yet so I had ask my son turn off your phone till we tell your dad .. no he’s not in therapy ..

 

[Jessmarie07]

If so, what are the specifics?

It’s joint custody that we do everything equally and he share our son a week off week on

 

[Zigner]

It’s joint custody that we do everything equally and he share our son a week off week on

If this is your week, then you can ask the police to accompany you to dad's place for the exchange. He may still refuse, at which point the police will likely (and correctly) tell you that it's a civil matter and that you'll need to go to court.

 

[Jessmarie07]

I did that and yeah it’s a civil matter that he can’t make his dad give my son back

 

[Just Blue]

I did that and yeah it’s a civil matter that he can’t make his dad give my son back

Do you have an attorney? If so it's time to file for contempt.

 

[not2cleverRed]

I did that and yeah it’s a civil matter that he can’t make his dad give my son back

Then you will have to go to court.

In addition to filing for contempt, be ready with a list of (reasonable) modifications.
Therapy sounds like a good idea for your son.
Parenting classes sound like a good idea.
And, if Dad is going to pull stunts like this, then a less loosey goosey arrangement is in order.

Dad needs to understand that if he really thought his son was in danger, and you were an unfit parent, that there is a legally correct path to addressing this, starting with a police report, CPS (or whatever it's called in TX), and an ex parte emergency petition for temporary full physical custody.