Legal Question in Family Law in California

Hello, my question is in regards to my visitation case. I have had for the past 11 years both legal and physical custody of my son. However, the other parent in my case was granted visistation of every other weekend. My child is now thirteen years old and has been having some issues with his father, most recently with his father kicking him out during one his visits. The problem is my son does not want to go back and his father is threating to have me put in jail and saying that I can lose custody if I don't force my son to comply with the court order that was put in place many years ago. Can this happen? Can I lose custody because of this reason or be put in jail. My son wants to tell the poilce or court his reasons for not wanting to go his dad's house. Will his statements be taken into consideration now that he's older, how heavily will my son's viewpoint be taken in by a judge. Please let me know. Thank you.


Asked on 5/16/12, 11:26 am

1 Answer from Attorneys
Peter Tuann Law Office of Peter Tuann

Nobody is going to jail, in this situation, you petition the court asking to change visitation based upon you son's decision not to visit his father, the FCS will interview your son and as he is now old enough to tell FCS what he really wants, you will likely get to modify visitation or even cut off visitation if the facts are bad enough.

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Answered on 5/16/12, 11:54 am


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