My son has decided he does not want to see his dad anymore as his father has an explosive temper. My son states he is more frightened of his father than feels love for him. His father is unpredictable and verbally abusive and has stated on numerous occasions that he will return him to me and my son will never see him again. This is always done to gain control over my son or when he is upset at my son because my son is so unhappy when he is with him.
2006-10-20 16:55:42 · 9 answers · asked by successachiever2002 1 in Politics & Government ➔ Law & Ethics
If you are under an order for the court to send your son to visitation then you must do it. However, if you believe your son may be harmed, you can withhold visitation but you need to IMMEDIATELY get a Motion on file requesting a modification of the order regarding visitation. You should also take your son to a counselor both for his emotional wellbeing as well as to obtain documentation to present to the court regarding why he should not see his Dad or why he should have supervised visitation.
2006-10-20 17:46:15 · answer #1 · answered by Mos 3 · 0⤊ 1⤋
Having just gone through something similar, our judge told us that in almost every state, kids DO NOT have a choice of where they want to live. The state, lawyers, and guardian ad lidem are the deciding factors. Unless there are clear signs of abuse, your kid is going to have to learn how to deal with his problems with his dad, not run from them. In our case, my step-son only wants to visit his mom, not live with her. He told me today that he has been really upset because the new parenting plan gives her 7 weeks in the summer. He got tears in his eyes and said, "mom, can I please just go for a week at a time? I love my mom but I don't want to be gone from you and dad for that long. I hate it and they always try to get me to say bad things about you and dad." Talk about heart breaking! Divorce is so hard on everyone involved. Good luck with it.
2006-10-20 17:10:58 · answer #2 · answered by wingnut_n_pep 1 · 0⤊ 0⤋
You should really consult a lawyer, but as a stop gap measure, consider taking out a restraining order on his behalf.
You really need to see a lawyer.
And call Social Services in your area.
Have you tried to get him to give you specific details? This is a fairly big action for any kid, he may be reaching out for help. Try to draw him out.
Get him emotional help if you feel he needs this.
Twelve is old enough to know when to get away. Get between your kid and anything that frightens him.
2006-10-20 17:06:34 · answer #3 · answered by Norton N 5 · 0⤊ 0⤋
Well, you need to go back to court to get the divorce decree ammended to reflect the wishes of the son. The court may take his wishes into account. If the court decree requires visitation then you must comply. Sorry. My sister is in the same boat.
2006-10-20 17:00:39 · answer #4 · answered by bdgoen 3 · 0⤊ 0⤋
Please get a lawyer and go before a judge. Let your son explain the situation, he will no longer have to be placed in harms way. He is old enough to legally make that choice.
2006-10-20 17:00:36 · answer #5 · answered by Anonymous · 2⤊ 0⤋
check with a lawyer but ive heard that when children reach a certain age they can decide themselves if they no longer want to see a parent who has visitation rights. but like i said before, speak to an atty.
2006-10-20 17:01:52 · answer #6 · answered by eric s 2 · 0⤊ 0⤋
Go back to court and modify your visitation agreement. Make sure that you do exactly what is necessary in your jurisdiction.
2006-10-20 17:06:42 · answer #7 · answered by Robyn C 2 · 1⤊ 0⤋
to get a LEGAL opinion, you should seek advuce from a LAWYER or JUDGE.
2006-10-20 17:03:23 · answer #8 · answered by Richard H 7 · 0⤊ 0⤋
Parental Alienation Syndrome - please don't tell us that you ailenated your son against his father?
http://www.fact.on.ca/Info/info_pas.htm
http://www.parentalalienation.com/PASfound3.htm
http://expertpages.com/news/parental_alienation_syndrome.htm
2006-10-20 17:00:35 · answer #9 · answered by Anonymous · 0⤊ 2⤋