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My 11 year old sons mom (non custodial) claims I stopped visitation. My son's afraid of her and tells her he doesn't want to go.

Laplata, MD |

I have sole legal/physical custody of my 11 year old son. His mom filed a motion for contempt accusing me of keeping him from her. (She wants me to force him to come over) . My son is afraid of her. She has a long history of abuse in her background. Here's two items her attorney mailed to me to sign. It seems similar to the order we already have. So why sign this?

3) ORDERED BY CONSENT, both parties are permitted to have any and all access to any and all records relating to their son, HIS NAME, with said records including but not limited to, all school records, dental and medical records, and it is further ordered,

4) ORDERED BY CONSENT, commencing Saturday, April 26 2014, the Defendant/Mother shall enjoy alternating weekend visitation as outlined in the December 2005, Order of Court.

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Attorney answers 1

Posted

I have seen parents in your situation lose custody when the judge became convinced that the one parent was preventing the other parent from having child access for no good reason. Whether you realize it or not, you are in a risky and precarious position. You must take action to make sure the court does not come to the conclusion you are cutting off the mother from her son. I recommend you hire an attorney to help you with the necessary legal battle to make sure the mother's attorney does not persuade the judge to go against you.

This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.

Asker

Posted

Since I can't afford an attorney, should I sign the Consent Order and forgo court as her attorney suggests? He claims that if I agree to the consent order I don't have to go to court and nothing will change.

Asker

Posted

Also let's be clear. I do not keep him from going. He is AFRAID to go and HE tells her he does not want to go with her. The last time he went he ended up in the emergency room because she was smoking weed around him. He had an asthmatic like reaction.

Sogand Zamani

Sogand Zamani

Posted

I agree with the previous answer. You should consider asking for the appointment of a Best Interest Attorney (BIA) for your son. A BIA can be appointed for various reasons, including to represent a child's best interests. The BIA would investigate both your home and the mother's home, meet with your son, review his medical history, meet with others who are pertinent to the case, and file a report with the court with the findings of his/her investigation.

David Raymond Mahood

David Raymond Mahood

Posted

Yes, attorney Zamani's advice is sound and comes from experience with custody cases. You definitely need help from a BIA or perhaps even a psychologist who can provide objective evidence of what is in the best interest of your son. If you try to go this alone without the intervention of a professional on behalf of your son you could lose custody to the mother because courts sometimes rule against a parent who even "appears" to be cutting off access to the other parent.

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