The fact that the father is refusing to exercise his visitation with one of his sons would typically provide a basis for the mother
to seek a modification of the order of custody, seeking sole legal and physical custody of both children based on the best interests of the children.
Legally, he is the father of the children and if he wishes to act in a manner that is so completely contrary to the best interests of his son, I would seek to have his visitation terminated altogether. This is sometimes very difficult to do since parental rights
are constitutionally protected, but if your wife had testimony from an expert (psychologist or other therapist) to indicate the extent of the damage he is doing to the children by acting in this manner, that would typically aid her in gaining sole custody
If the father wishes to avoid ligitation, a communication from a local attorney may compel him to change his behavior in order to avoid the expense of such litigation. Otherwise, a motion to modify custody would normally be appropriate under the circumstances.
It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.
Thank you very much and all the best to you,
Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have: