I have 100% physical custody. the divorce paper work says he is allowed to see him every other weekend and that is it. When he has our son he is telling him that I am a liar, he has called me horrible vulgar names in front of our 7 year old. He is telling our son (G) that he is and should be afraid of me. I have tried countless times to diffuse the situation. Yesterday I went to check on my son, I was told he has been very sick since last Thursday. I could not get a clear answer as to how sick he was. I asked if I could come to check. When I got there, my ex started saying while (G) was on my lap what a liar I am and how (G) is afraid of me. He asked my son flat out to tell me he was afraid of me. He kept saying tell the truth, tell the truth. I said I was leaving and tried to with my son. He got in front of me and kept blocking me. We got outside and I flagged down a truck driving by. They saw that I was in distress and stopped, the police were called. The police ended up leaving and letting me take my son. I am super concerned about what my ex is doing to our little boy by saying all these things. Do I get a retraining order? I am a single mom and he pays nothing.
You are dealing with what is known as parental alienation syndrome inflicted by your ex-. This can be a very caustic and detrimental situation.
If possible, you should try to afford a consultation with a local family law attorney who may be able to help you modify the custody/visitation arrangement through a modification of the existing order. If you cannot afford an attorney, you could call the family court clerk's office and explain that you need an attorney, but can't afford one, and they may be able to guide you towards a low cost or pro bono volunteer attorney.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Unless you had a modification of your judgment, then you have to follow the judgment. I'm little concerned with you going to check on your son when it was his time with his father. I understand your concerned, but the court will view it as interfering.
If he was telling your son to say he is afraid of you, then that is a real concern. Refusing to let you leave is also a real concern, and following you out side. This could be grounds for change in custody and possible restraining orders, but you need to talk with a lawyer first and discuss all the facts to determine the best cores of action. However, simply not following the judgment could lead to contempt charge against you. You really need to speak with a lawyer.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
You have to follow the orders until they are changed by the judge. Consider filing an RFO to modify the judgement, possibly supervised visits to dad until he can prove that he can act appropriately with the child.
All content posted on and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to to the Morales Law does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline