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My 8 year old son no longer wants to go with his non-custodial parent.

Asked over 2 years ago - Houston, TX

I have only been divorced for about 6 months now. My 8 year old is now stating that he no longer wants to go with his father because his father is an alcoholic and verbally and mentally abusive to him. He states his father constantly yells at him even when he is doing what his father asks of him. He said his dad is always mad at him. The dad also drives every weekend drunk with my child in the truck. Since my child is only 8 years old, what are my rights as his parent? My son also has ADHD and the constant yelling is causing him to have increased anxiety.

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Attorney answers (2)

Kevin L. Colbert

Reputation Level 13

Answered over 2 years ago. Lawsuit / Dispute Attorney in Houston, TX.

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You may have grounds for a motion for protection that will take your son out of the situtation pending the improvement of his father's arrangements. There are a number of questions that need to be asked and answered to determine that. You should contact the attorney who handled the original divorce or I would be happy to consult with you.

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Patricia Faye Bushman

Reputation Level 15

Answered over 2 years ago. Family Law Attorney in Houston, TX.

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To put it bluntly, these issues should have been addressed in the custody provisions of the divorce decree. Your ex did not suddenly become an alcoholic who yells and drives drunk. Since you didn't do anything to control his access to the child then, you are going to have to try to modify the custody provisions now.

You need to talk to a good family law attorney as soon as possible.

For educational purposes only. No attorney client relationship was created by this communication.

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