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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29823
Experience:  Attorney with experience in family law.
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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: 8 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 8 months ago.


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).

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