My son, who is 12, does not want to go to his dad's anymore. The man is so mean, controlling,obscene and smokes pot in the house. My son is terrified to tell him that he does not want to be there because his dad is emotionally abusive and scary! He already kicked his own daughter out of the house and she moved in with me. This is HIS daughter!!!!
Are there any legal ramifications? My son is of age...I think. Can he just say he doesn't want to go or will his dad have the right to force the court order on him? I can't see law enforcement making a 12 year old boy go to his dad. But I want the facts before we go forth. Thank you in advance.
2007-12-26 14:02:49 · 14 answers · asked by clj02 4 in Family & Relationships ➔ Family
oh wow im in the same shoes as your son cept its my mom i dont want to see. dad has temporary custody of me and we have a hearing coming up soon..but his lawyer told me that my dad will get permanet full cstody and if my mom gets visitation it can be stopped..like me and my dad have to object to it so then the court will appoint me a guardian adlitem and that person is kinda liek my personal lawyer but they look out for my best interest not necisarily wnat it want..so when i get that guardian adlitem person all i have to do is explain how my mom is abusive and stuff (along with the potsmoking and otehr similar qualities you listed out about your sons dad) and basically they go to the judge and say blah blah blah in legal terms that im afraid of my mom and shes an unfit parent. then she gets no visitation..or in the worst senario we each get seperate counseling which i guess isnt soo bad because i still dont have to see her.. then if i can ride that out for 2 years ill be 18 and no one can force me to ever be around her. and like your son is only 12 but like the older he gets the more gravity his opinion and wants will have in court.. i suggest you talk to a lawyer though because your son cant just opt out of visitation if his dad wants him to come..you have to go through courts to make that happen- i know from experience. hope this helps!
2007-12-26 18:58:01 · answer #1 · answered by little miss sunshine 2 · 0⤊ 0⤋
You could talk with the police about the father's pot smoking and the abuse your son suffers (emotional abuse leaves very deep scars)... sometimes they will send in social services... but i am sure when social services arrives, he won't light up a joint.
Social services would probably interview your son as well.
Or you can call social services yourself, but maybe it's a good idea to make a police report?
I think that, in most states, a child over 12 can decide what he or she wants to do. But if i were a parent and my child called and said "i'm no longer visiting", i'd know why... i'm sure your child's father knows he's an ***.... some men just can't help being one!
You can also go to a family therapist for good help and advice.
take care and i hope you get good answers here.
2007-12-26 14:24:15 · answer #2 · answered by letterstoheather 7 · 0⤊ 0⤋
Laws is each state is diffrent in this matter. The state I live in is 14 to be able to make the decissions wether to see their non custodial paternt or not. They can even decide witch parent they want to live with. He's 12 so contact an attorney and find out the specifics for your state and if he's not old enough to make the decision use the court system to deny visitation to him. With what you have described I'm pretty sure use of illegal drugs and domestic violence laws will give you what you want through the court system.
See an attorney they will give you the information you need that pertains to the state you live in.
2007-12-26 14:21:34 · answer #3 · answered by frank61799 4 · 0⤊ 0⤋
At 12 the family court usually lets the child speak to whether, or how much, they want to see a parent. Drugs and abuse? He should not have been going into that kind of environment to begin with. Consult a lawyer for a definitive answer.
2007-12-26 14:12:10 · answer #4 · answered by mom 3 · 0⤊ 0⤋
This is a legal question you need to ask a lawyer. It will differ from state to state so you'll want to know your (and your son's) legal rights.
My cousin's daughters had the choice of whether or not to visit their dad, but it was specific to their case.
You should be able to contact the office who set up the visitation and ask their advice.
I pray things work out well for your son.
2007-12-26 14:33:19 · answer #5 · answered by Sheila L 2 · 0⤊ 0⤋
Anyage. My BFF just went to court so that she didn't have to got to her dad's anymore. Its was easy. And that was just b/c she thought he was annoying. So if the father is using illegal drugs in the house, you'll be able to get your son away within seconds!!! just get a lawyer and make sure your son tells the judge about the drugs. good luck!
2007-12-26 15:10:33 · answer #6 · answered by mhlvsu! 2 · 0⤊ 0⤋
If the children testify to the police or a judge that he is smoking pot then he would most likely lose all visitation. You should get an attorney.
2007-12-26 15:02:12 · answer #7 · answered by Dovahkiin 7 · 0⤊ 0⤋
unsure it quite is an argument in line with age. greater probably it may require a court docket action because of the fact the determine could could desire to have their rights bumped off by applying a Commissioner or decide. In CA they new child can petition for a metamorphosis in custody at 14. My youngest desperate to stay with me whilst she grow to be in her Freshman 3 hundred and sixty 5 days of highschool. had to circulate to court docket and function it inked and stamped.
2016-10-09 05:33:53 · answer #8 · answered by hogge 4 · 0⤊ 0⤋
At the age of 12, get a family( u and ur son) loyer and say that he is geting bad infucences good luck
2007-12-26 14:15:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Most judges will listen to a 12 year old. A judge listened to my ten year old step-daughter when she wanted to come and live with us instead of her mom. I would try to see if you could handle it that way. Good luck!
2007-12-26 14:19:31 · answer #10 · answered by cwcarol82 2 · 1⤊ 0⤋