Legal Question in Family Law in Indiana

child visitation

My 12 year old son does not want to visit his father anymore. His father talks about me and other members of our family in front of my son. My son basically does not like his father nor spending time with him. He feels that his father is very pushy and he is miserable going. Is he able to make a choice to not see his father or to ask for a modified visitation as he does go with his father weekly for 3 hours. He prefers not to spend the week-ends. He has agreed to go for a full day on a weekend but his father states he must come for the entire weekend overnight as well. Does my son have any say so at this point?


Asked on 1/12/08, 10:22 am

1 Answer from Attorneys

Re: child visitation

Your son's wishes have some weight. However, pursuant to the Parenting Time guidelines you have an obligation to encourage him to have a relationship with his father. Absent reprehensible conduct, it is unlikely that the court wil lstop overnights.

Your best bet may be to peitition the court for a modification and advise the court of the father's conduct. The court is unlikely to put a stop to overnights, however, the father may e ordered to stop his conduct. If he then fails to do so, you may be able to obtain a court order and/or

a modification for no overnights.

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Answered on 1/12/08, 10:30 am


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