2006-08-12 16:27:54 · 13 answers · asked by scrapvixen 2 in Politics & Government ➔ Law & Ethics
I am still just as confused. I'm asking if anyone knows the LAW in IL. My son really doesn't want to go anymore and he is bigger than me...I don't know how I can FORCE him to go.
2006-08-12 16:55:21 · update #1
Ask your lawyer
2006-08-12 16:44:13 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Been there done that! I even tried forcing him to see his kids neither way worked and they have not seen him in over 8 years!
At 16 if he does not want to go he does not have to---
however his father can file a complaint with the police in which you would have to go to court over but must guys don't know that!
If your child does not want to go don't force him---
If the situation is bad enough file a motion with the clerks office
stating that you want to make an amendment to the visitation agreement.
Sometimes the other parent is understanding and will allow this without the court date.
I know for a fact that in cook county IL. the judge will hear what a child wants if that child is 13 or older.
2006-08-13 01:04:22 · answer #2 · answered by CAT 3 · 0⤊ 0⤋
The real issue is the underlying reason why the child (yes, a 16 1/2 year old is still a "child.") no longer wants to go to his father's every other weekend. A custodial parent giving effect to a child's wish can put the parent in contempt of court.
At this age, the courts allow an expression of preference. However, the court bases it's decision on how reasonable the decision is, and how mature the child's explanation is. Still, the custodial parent should be encouraging the child to maintain a relationship with the father. Parental alienation is a major problem between divorced parents. Therefore, it is important to understand the underlying issues.
2006-08-13 00:02:05 · answer #3 · answered by Josh M 2 · 1⤊ 1⤋
Huh, count your blessings that it's only every other weekend. The courts will make him go more if they feel like it. Especially if you don't have a lawyer. I know first hand from experience. They don't even care if drugs are involved. If your child has valid reasons why he doesn't want to go such as abuse of some kind, then get a lawyer you feel good about and go modify your order. Otherwise, if it's just because he doesn't feel like hanging out with his old boring pop, then don't go back to court. Believe me, they will grant dad more rights even if he doesn't ask for them. I have been trying to keep my kid away from drug abusing family members for the past 3 years and each time I pay to have the order modified they give her father more and more visitation time with her and take mine away. I have never done anything wrong in my entire life other than going to court without an attorney. That was only because I could not afford one and the government run agencies that are supposed to be out there for us po-folks, turned me down without giving me a reason why. I am totally disgusted with all family court systems and government agencies. Good luck and contact me if you need any further advice.
2006-08-12 23:57:45 · answer #4 · answered by booboobear 2 · 0⤊ 1⤋
I believe that at age 14 the child is free to make that choice, but check with a lawyer.
2006-08-12 23:32:52 · answer #5 · answered by Anonymous · 0⤊ 1⤋
if the father has custody every other weekend, then yes. This child is still, as you said, a child according to law. They don't have a choice in the matter.
2006-08-12 23:33:33 · answer #6 · answered by Anonymous · 1⤊ 2⤋
Not sure about your state but here in Tennessee the answer was yes when I had the same problem with my daughter. But...she never went back and he didn't fight it so it was never challenged in court. Not sure if she was better off by not going or if it hurt her more that her father didn't care enough to fight for her.
2006-08-12 23:37:10 · answer #7 · answered by camille s 2 · 0⤊ 1⤋
You should petition the court (seek legal advice to do this) and ask that the child be deemed able to make his own decision.
2006-08-12 23:33:44 · answer #8 · answered by MadforMAC 7 · 1⤊ 0⤋
The child is old enough that you can go to court and the child can ask the judge to have this order revoked. The child can tell the judge why he/she does not want to go.
2006-08-12 23:33:23 · answer #9 · answered by Anonymous · 1⤊ 1⤋
No Some states the age is 13. You do have a choice let it be known.
2006-08-12 23:33:18 · answer #10 · answered by Tim 4 · 0⤊ 1⤋
NO WHERE IN THE COUNTRY WILL THEY MAKE HIM GO. MOM HAS TO GO TO COURT AND FILE A PETITION TO END VISITATION. THEY WILL MAKE THE BOY GO THROUGH SOME PSYCHOLOGIST AND THEY MAY TRY TO MEDIATE BUT IF HE DOESN'T WANT TO GO WITH HIS FATHER NOBODY CAN FORCE HIM. IS HIS DAD THAT BAD ? OR IS HE JUST GROWING OUT OF THE WEEKEND THING.
2006-08-12 23:33:59 · answer #11 · answered by Anonymous · 0⤊ 2⤋