My sons mother and her boyfriend have a history of yelling back and forth at each other and a couple times that i know of she has been slapped or had something thrown at her. This has my son very upset and recently the cops were called over to there house again for the boyfriend having a weapon. Now my son doesnt want to go with his mom at all even though she is staying with her mother for now. She has already told me personally that she will be getting back with this guy and has told my son the same thing. This has him really upset and miserable. I have full custody of my son and she has court ordered visitation every other weekend. Do I have to make him go with her on her weekends or can he just tell her that he doesnt want to go? Any help would be appreciated, thank you.
Divorce / Separation Lawyer
A Court order is a Court order. You are obligated to comply with the orders of the Court. If you believe that the situation is such that the visitation order should be different, then you need to file a motion to modify the order. If you can conviince the Court that a change in the visitation order is in your son's best interest, then the requirements will be changed.
At age 14, you son may, provided he wants to, have input into the Court's decision making process. It will probably require a guardian ad litem to be appointed to represent him - but he may talk to the court about his concerns and desires. Don't think this means that the Court will leave the decision up to your son, even at age 14, that would be inappropriate.
Talk with a family law attorney in your area. I hope that you are able to obtain an appropriate resolution of this issue.
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