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My wife and I are separated. She had an affair and is moving…

Customer Question
Hi. My wife...

Hi. My wife and I are separated. She had an affair and is moving in with her boyfriend. I am the primary guardian of our two boys, ages 12 and 14. They do not want to stay with her and her boyfriend and she is insisting that they do. They both have told me they do not want to go with her. We have joint custody at this time , as she sees them two nights a week and every other weekend. If they do not want to go with her can I legally keep them from going with her ?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Have you talked to a lawyer yet?

Thank you

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is told our boys not to listen to my authority and she offered one of my sons money to meet her boyfriend

Submitted: 11 months ago.Category: Family Law
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Answered in 1 minute by:
9/20/2017
Family Lawyer: Loren, Lawyer replied 11 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,311
Experience: 30 plus years of experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Family Lawyer: Loren, Lawyer replied 11 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, if there is a court order in place establishing the visitation then you would risk being held in contempt of court if you violated the order. This is true even if the children do not want to see her.

Your recourse is to file for a modification. The kids are at an minimum age, depending on their maturity, where the court may grant some weight to their preference, if you wan them to testify.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels and incurring liability.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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