Me and My husband have been together for 11yrs. We have always had visitation when his ex-wife decides to allow it, no matter what the children say. She says that she dose not want them around me, I have children of my own and am open for any investigation by CPS. The oldest son Cole has begged us to not make him go back to her, All we are asking for is the Kentucky visitation rights as stated in the law, how do we go about getting our visitation back?
Family Law Attorney
The child doesn't get to make any decisions. As for getting your visitation fixed, you'll have to take the mother back to court over it.
We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.
No, children do not get to "choose" their visitation schedules. However, the Court can conduct an in camera interview of the child to learn what the child has to say. An in camera interview is a private interview in chambers so that the child does not have to go through the stress of testifying in court. The Court can also appoint a guardian ad litem to interview the child.
Hire an attorney to file a motion to modify the existing parenting schedule, and ask for the Court to conduct an in camera interview or appoint a guardian ad litem for your son. This way, his voice can be considered. However, the Court will look at what is in the child's best interest. Sometimes what a child wants is not in his best interest. For example, I worked on a case in which the son wanted to live with dad all the time because dad let the child skip school so that they could play basketball together all morning in the yard. The Court placed the child primarily in the mother's care so that she could ensure he did not have unexcused absences from school and make sure the child was doing his homework. The child was not happy about the Court's Order, but it was what was in his best interest.