Custody laws differ greatly nation to nation. To get a useful answer you would need to indicate the place you are asking about.

Cipher is quite right. The only way to truly know is to talk to somebody at child welfare and show him/her the custody decree. The county government (in the USA) will provide you with free, true advice. You're going through a lot of grief right now. Hope this works out for you. Get good advice. My other suggestion is to talk to both your parents calmly and respectfully and see what you can work out with them. Help them to see that their love for you is more important than their problems with each other. Best wishes

The biggest problem with divorce - the kids always get stuck in the middle - having to choose.. Not fair - The answer to your question - YES HE CAN BE CHARGED - (I am going to assume there is no abuse, drug or other problems with your mom, just "teenage stuff" - you are growing up and spreading your wings, your her "baby" so there should be some stress there. With that said - ) Your dad need to re-read his decree paying attention to the joint custody section. A lot of people get this part confused. Joint custody, extremely simple (but more complex) means that both you parents have keep their legal rights and responsibilities to the children, (those are food, clothing and shelter). Your dad should have in the decree visitation rights, which basically says when he can see you and if it is a supervised/non-supervised visit. I will hope that your parents are if not at least friends, then speaking to each other civilly. Maybe they can discuss this privately, after they hear what you would like to say (just remember, it is their decision - all you can hope for is they will LISTEN to you - they have to do what they feel is right for you) If they can not agree, then your dad could ask the court system to become the custodial parent - right now, (since you live with your mom) she is the custodial parent. Will the courts change their original decision? Truthfully, seldom happens, unless your mother is declared negligent or unfit - (Don't even go there, your regret it for life! However, since you are 16, you can ask to speak privately to the presiding magistrate or judge and explain how you feel and why you would want this - HE WILL LISTEN - AND WHAT YOU SAY DOES CARRY WEIGHT, but he still has other issues to consider. Good luck - just please love both your parents - be happy that you know both your parents want/love you and are still in you life.

If your father has "primary residence" and physical and leagal coustody of you your mom can call the cops all she wants all your father has to do is show court documentation that he has the leagal and physical right to have you, and depending which state Legally you are old enough to decide whom you want to live with and stay there. I belive the age is 12 or 13 in CA.

No, and yes he will be arrested. A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? http://cabaraoke.newsvine.com/_news/2008/12/01/2165344-a-childs-choice-what-is-the-right-age-for-a-child-to-choose-which-parent-to-live-with The child can demand Joint Custody of them, and not the other way around. They can be told that the children need to remain in the home and each parent can live there for three weeks, than switch. Once a week the parent not in residence takes the children out to dinner. While in the home, the parent does not date or have overnight guests, other than relatives. On the off weeks, the parent rents a room, stays with relatives or friends, or they can split the cost of a one bedroom apartment that they share. The priority here is the children not having their lives disrupted by the choices of the parents. The parents' lives are equally disrupted and they split the cost of being in the home. If child support is ordered, both parents can pay into a trust fund that pays out to cover the children’s expenses. Anything over and above those expenses remains there to collect interest and goes toward a college education. When the children are grown, and completely out of the home, than the property can be sold or whatever the parents want to do with it. This is called Bird Nest Custody. The children remain in the nest and the bird take turns being there. http://tinyurl.com/GiveKidsAChoice