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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
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I am from Texas. My son is 13 1/2. 2 weeks ago my son spoke

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I am from Texas. My son is 13 1/2. 2 weeks ago my son spoke with the judge about things his father and step mother have done-emotional and mental abuse. The judge ordered mediation ASAP, with the child present. Between the Lawyers and Mediator it won't be until August 28th. My son is suppose to go to his Father's tomorrow. He is refusing to go!!
Afraid of the retaliation!
What should I do?
Submitted: 3 years ago.
Category: Family Law
Expert:  RobertJDFL replied 3 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.

 

You're in a bit of a pickle to which there is no easy answer, unfortunately. If you believe that your son will be harmed or endangered in some manner by going to his father's house, you can keep him with you; however, if the child does not go to visitation you run the risk of the father filing a contempt motion against you for violating any court ordered visitation. How a judge would respond to that is hard to say --a court can appreciate that at 13, visitation is not as simple as with a young child that you can force to get into a car and drop off, they can also appreciate if there is good cause for a child not to go. At the same time, of course, the whole purpose of visitation is to allow each parent to spend time with the child.

 

And, the father would be ill advised to be anything but low key during visitation prior to mediation, as any negative behavior by either party is sure to come out during such time.

 

What should you do? That's not something a lawyer can decide for you. You know the situation best, XXXXX XXXXX know the facts of your case. I understand you can't force him to get in the car and go, but he needs to understand a) you can get in trouble from the judge as a result of his actions and b) his actions can ultimately hurt what you are trying to do.

 

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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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