Legal Question in Family Law in California
Do I have to make him go?
My 13 year old son flys to California from Missouri to visit his father every summer. When he came home this past summer, my son had lost 20 lbs and looked very sick (eyes sunken in, severely dehydrated, etc.) After having him home for two days, he quickly go worse and ended up in hospitalized for 4 days where two of those days were spent in ICU. We found out that he had Diabetic Ketoacidosis. He was very ill and had every symptom of this except the last one which was coma or death. I have never been so scared in my whole life. Not to mention, the extreme weight loss happened over a period of two weeks and his father did not notice this. His reasoning for this was that my son swam alot this summer and he thought he was just overly active. Anyway, I am under court order to send him for specified visitations and I am scared to send him this time after what had happened. My son is very dependent on me now and we try to make him take care of his diabetes on his own so that if he has to go to California, we won't have to worry about his Dad not noticing symptoms. My son does not want to go now, because his Dad knows nothing about diabetes and my son is scared after what happened to him. Can I legaly not let him go?
3 Answers from Attorneys
Re: Do I have to make him go?
You will have to file a motion to modify visitation. I am available for a free consultation and my rates are very reasonable.
Re: Do I have to make him go?
If your Court Order is in Missouri, I would strongly suggest that you need to file a Motion to Modify the existing Court Order due to this substantial and continuing change in circumstances. I would not simple refuse to obey the prior Court Order since this might subject you to a variety of legal actions by the father including a Motion for Contempt.
Re: Do I have to make him go?
Not if you have an attorney take the matter to the judge. Call me directly at 16192223504.
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