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At what age can my kids decide they no longer want to visit there mother?

Tampa, FL |

I have 2 kids ages 9 and 7 that see there mother everyother weekend. The oldest one especially hates going to see her because he dosn't feel safe with her. He says she puts them in a room with an xbox for hours and closes the door and they get no attention. He is constantly asking her to go back to my house or to call me. The last time that he asked to call me over and over she called the police on him and had a cop tell my 9 year old to stop asking(In our paperwork it says he can call whenever he wants and he recited that to her thats when she blew up and called the cops). He is the one that is asking me to take him to court so he can tell the judge what he thinks and how he feels about her. I am at a point financially that I can't pay a lawyer to help me and have no idea where to start.

Attorney Answers 3

Posted

You are required to follow the order in place that governs your time-sharing agreement /parenting plan. If it's not working, file a Supplemental Petition to Modify that time-sharing agreement.

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Posted

You can be thrown in jail if you do not honor the final judgment. If the kids do not want to go, you still have to take them. I know that is difficult, but it is the law. If it is not working, you may want to talk to an experienced family law attorney to see what can be done about a modification. I would recommend getting more than one opinion, though. Filing a modification without proper legal grounds can lead to unnecessary penalties.

Please note that the answers provided herein are the attorney's professional opinions based upon the attorney's experience based upon the information provided to the attorney as part of the attorney's participation in the setting of this forum. No responses posted by the attorney in question are intended to be legal advice or professional advice of any kind. No attorney-client relationship is being established or solicited. The attorney will not make any communication with the person asking the question unless that person independently contacts the attorney outside of this forum.

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Posted

I am following the agreement. I am not putting myself in contempt. I am just wondering at what age will the judge hear my oldests sons opinion. He is 9 and very advanced and well spoken. He is the one that doesn't want to go because he feels unsafe at her house. As much as I hate sending them I still do.

Posted

Kids do not get to just choose then change an order. they cannot testify and you need more evidence to change the order.

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