Legal Question in Family Law in Indiana

Child doesn't want to have visitation with parent

I have custody of my son and daughter. According to the court ordered visitation, their father can see them every other weekend. Initally, the visitation was ordered to be ''Supervised'' because of the father's alcoholism problems. After their father remarried, his life changed a bit and I felt ok with the kids going to his place without supervised visitation. Over the past few years their father has been in and out of jail sometimes up to a year for DUI's. Both children still visited their stepmother while their father was in jail. Their father is now out of jail, ordered to ''House Arrest'' and wears an ankle bracelet that supposedly senses if he has consumed alcohol, and/or leaves his house. He is only allowed to attend church and he can't work due to disability. My children are 14 yrs old. My daughter still likes going out to her father's every other weekend, or whenever possible. My son doesn't want to go there and doesn't want to talk to his father, period! The stepmother said that they had seeked advice from an attorney and the father is allowed to see his son anytime that he wants (our home or his). What are my son's rights regarding visitation? I would never force him to go if he didn't want to.


Asked on 9/28/04, 1:20 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Child doesn't want to have visitation with parent

Unfortunately children do not have a choice in matters of visitation until they reach age 18. If the non-custodial parent wishes to exercise visitation it the obligation of the custodial parent to allow it to happen. It is no excuse that the child does not desire to. This is his parent, good, bad or indifferent. If you believe there is physical harm or emotional damage to your child, it is up to you to obtain a professional psychiatric opinion to back up your point of view on the visitation and petition the court to restrict visitation. It is then up to the judge to determine whether visitation is harmful to the child. Absent such order, child visits dad.

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Answered on 10/01/04, 9:08 pm


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