My son is turning 14 he wants to live with my wife and i what can i do about one little problem? Her mental abuse!

Asked over 1 year ago - Shippensburg, PA

My ex is a controlling type of person, My son wants to come live with my wife and i but i am concerned that if i go to court to get that custody she is going to wait till they are home and yell at my 2 son's for wanting to live here she has done it in the past when i called CPS on her for allowing her husband to choke our youngest child. She told them that they would be poor and never be able to have games and cell phones, she also said that they would hurt her and do they want to hurt her like that. So how can i protect my children from that form of abuse when i do go back to court?

Attorney answers (2)

  1. Jeanne B. Costopoulos

    Contributor Level 14

    6

    Lawyers agree

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    Answered . You can never truly protect a child from stupid remarks and guilt trips offered by a selfish parent. A court order will not change who the person is, but will only attempt to limit the undesired behavior. If specific language is added to the court order prohibiting such behavior and she still does it, then your recourse would be to file a petition for contempt in which you ask the judge to fine her, make her pay your lawyer fees, or put her in jail. However, in custody cases judges often do not go to such extremes and instead they will order family therapy, co-parenting counseling, or some other resolution that focuses on getting the parents to see the harm they are doing.

  2. Tracy Marie Sheffer

    Contributor Level 11

    Answered . You can certainly ask that a provision be put in your order of court prohibiting this type of conduct from your ex. Enforcement of such an order is a bit more difficult. You should file a petition for modification of custody. Certainly, at age 14, the Judge will speak with your son and his wishes will be taken into consideration. This interview with the child will likely take place without parents present so your son will hopefully feel free to say what he thinks. Where the child lives will remain an adult's decision; either you and your ex decide or the Judge will.

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