How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28447
Experience:  Attorney with experience in family law.
26798026
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I have a 13 year old daughter and an 11 year old son. They

Customer Question

Hi, I have a 13 year old daughter and an 11 year old son. They go to their dads every other weekend. He has taken them to a bar on several occasions, tells our son to go to the deep end of his pond to retrieve floating debris and calls him a sissy when my son doesnt want to (he just learned to do the doggy paddle recently), calls our daughter a moron, took them on an unscheduled trip out of state and wouldnt let them call me, talks bad about me to them every visit, and the list goes on. My daughter said "dad is creepy" and doesnt want to go anymore.?...said he is totally unfiltered. She won't elaborate and so I haven't pushed the issue. They don't want to go anymore ( although my son is concerned he will hurt his dads feelings- my daughter said she doesn't care) I don't know what the best thing for them to do is.? I don't want my kids in danger, but I also wish they could have a good, healthy relationship with him. He has drinking parties when thekids visit and in my opinion that is not a good environment. Are they old enough to request less visitation...or only a few hours at a time?
JA: Family law varies by state. What state are you in?
Customer: Ohio
JA: Have you talked to a lawyer yet?
Customer: No. I don't have any extra money
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time
Submitted: 3 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What the statute says is that the judge shall take the child or children into his chambers to privately interview them before making a decision, at the request of the parent. The first step of that is determining the child's ability to reason. Ohio Rev. Code, Section 3109.04. Typically, children as young as 6 can state a preference. Children who are 11 and 13 should easily pass the test. The child's wishes is only one of the factors to be considered, but everything else you've described also weighs in favor of reducing visitation.

You could also try asking for supervised visits to ensure the child's safety. And the judge can order your ex not to badmouth you in front of the children or allow anyone else to do so. Then, if he keeps doing it, he's in contempt of court and you could pursue sanctions (which are usually monetary).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Related Family Law Questions