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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have full legal and physical custody of my children. My

Customer Question

I have full legal and physical custody of my children. My children are refusing to go with their father for overnight visits. Do they have to?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard.
How old are your children?
And why are they refusing, please?
Customer: replied 2 years ago.
14, 12, and 9
Their Dad has never been a big part of their lives. They have never routinely stayed with him. He does not attend many of their activities. For a long time he lived in a one bedroom house that was filthy and kids did not have appropriate sleeping arrangements when they would stay. He now has a 2 bedroom house, still not enough beds. The kids have tried to explain to him the reason they do not want to stay with him and he gets very angry. My youngest pulls his hair out if he has to go.
Customer: replied 2 years ago.
I have documented events that he has missed, times he has dropped kids off early, etc...
Customer: replied 2 years ago.
Long story short.... He has never routinely picked the kids up, instead it is every once in awhile. It has been like this since we separated. My kids are flat out refusing to go with him.
Expert:  Samuel II replied 2 years ago.
Thank you
I suggest that you do not need to force them to go with their Father. In the meantime, you might want to consider filing a Modification to stop the visits. You can file the Modification by getting the documents to do so from the clerk of the court that issued the court order.
If he files a contempt, then you can appear and show cause and explain to the court that the children are old enough to understand the situation and request the court interview them about their feelings before deciding.
I suggest, that you will want to have the modification filed before he files the contempt so you can show the court that you are in the process of having the Father's visitations changed to no overnights.
I suggest that you do not want to appear that you are trying to stop all visits and that you recognize that the Father deserves to have a relationship with the children, but that they are not very inclined to stay more than a few hours. You can show they have activities such as sports that they need to continue participation in and they simply do not want to go to his dirty home for the night.
Expert:  Samuel II replied 2 years ago.
If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.
Expert:  Samuel II replied 2 years ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you