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My 7 year old son, whom I have primary custody of, does not…

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My 7 year old son...
My 7 year old son, whom I have primary custody of, does not want to go to his father’s for overnight visitation at least until he gets older. He says he’s not ready and his dad does not pay attention to him when he is in his custody. Our current agreement has every other weekend Friday night - Sunday morning with his dad. He dreads the days leading up to the weekend with his dad and it takes him 3-4 days to get back to normal after returning. Upon returning he is very quiet. Has extreme nightmares and is constantly needing to know where I am and reassurance that I am close by. He expresses to me that he does not feel safe and loved and he actually doesn’t love his dad anymore because of this. Based on this information do I have a case that I can petition the courts for day visits only until my son feels ready for overnights? I am planning on taking him to see a therapist for an evaluation of his behavior regarding this situation. Thank you.
Submitted: 7 months ago.Category: Family Law
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Answered in 39 minutes by:
11/30/2017
Family Lawyer: LegalEase101, Lawyer replied 7 months ago
LegalEase101
LegalEase101, Lawyer
Category: Family Law
Satisfied Customers: 1,807
Experience: Lawyer
Verified
Hello,I have been a guardian ad litem (attorney for children) in hundreds of custody cases in family court. Although I am not permitted to give you legal advice (e.g., you should do this, or you should do that), in this type of situation, the custodial parent (you) would typically petition the court to limit, or possibly even terminate, the child's visits with the other parent. A therapist would be able to evaluate the child and render a professional opinion regarding the effects that visitation with the custodial parent have upon him. It would also be common for the court to order both parents to undergo a parental fitness evaluation so that any psychological issues that effect parenting can be spotted.With the effects that these visits are having on your son, it would not be inappropriate for you to seek a modification of your child's visitation with his other parent.Hope this helps!
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