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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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i have sole physical and legal custody of my son and now his

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i have sole physical and legal custody of my son and now his father is trying to be back in the picture and wanting to take me to court can the custody agreement change and will my son have to see his biological father? he s 8 and doesn't want to go with him
Thank you for allowing me to assist you.

A custody order can always be modified if there is a legal reason to modify it. Am I correct in assuming that you actually have a court order? You asked if the custody "agreement" can change and I want to make sure you are referring to a court order signed by a judge.

If you are, the order can always be modified, unless the terms of the order prevent modification.

If there is not an order yet, it is even easier to change the situation by requesting a court order.

Your child will not get to decide whether or not he has to see his father. However, if your child is in counseling and the counselor believes that contact could be psychologically harmful to your child, the Court can consider that fact.

Do you have any other questions?
Customer: replied 4 years ago.

it is a court order signed by a judge saying i have sole physical and legal custody. he has not seen his father in 4 years he left the country because he was illeagl and now i guess he has papers to be back in the country. that is why i am scared because what happens if he trys to take him out of the country away from me or kidnapps him.. i know it sounds like im being paranoid but i have to be

If visits are ordered in such a situation, the visits are usually very gradual, sometimes starting with supervised visits. But the ultimate question is whether it is in your child's best interests to see his father. Unfortunately, most judges presume that it is in a child's best interests to have a relationship with both parents if at all possible. Unless you have some evidence that the father is a danger to your child, or if contact would be psychologically damaging to your child, the court is likely to order some sort of contact.
Customer: replied 4 years ago.

the father lives in florida and i live in new york.. would he be able to take him to florida?

While I cannot predict with certainty, reunification visitation usually occurs in the child's locality at first. However, once the child is accustomed to the non-custodial parent, visitation can expand to include visits in that parent's state.
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Customer: replied 4 years ago.

Thank you for your help!!