Legal Question in Family Law in California

My 12 year old son no longer wants to visit his father.

My 12 year old son has expressed a deep anxiety about visiting his father for years. Is he old enough now to have his right to no longer visit his father respected legally? What can I do to help him. I can no longer in good conscience send him to his father's.


Asked on 12/03/08, 9:09 pm

3 Answers from Attorneys

James Chau Law Offices James Chau

Re: My 12 year old son no longer wants to visit his father.

You should get a psychological evaluation or some other type of third party to provide reasons why the son should no longer visit with father. Then file for a motion to modify custody.

As always please contact a local attorney in your area before taking legal action.

Good luck!

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 12/05/08, 4:18 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My 12 year old son no longer wants to visit his father.

Take your son to a counselor. Have your son discuss with the counselor why he does not want to visit with his father. A psychological evaluation without court approval may not be admissible in court. The counseling to improve his relationship with his father cannot be objected to effectively. If there is a substantial reason that he should not visit his father the counselor will be able to assist in changing visitation.

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Answered on 12/15/08, 4:43 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: My 12 year old son no longer wants to visit his father.

1.) talk to his father;

2.) set up mediation through the court;

3.) file an order to show cause to modify the visitation order

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Answered on 12/06/08, 2:36 pm


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