Legal Question in Family Law in Indiana
My husband recently received full legal and physical custody of his fifteen-year-old son. My stepson and his biological mother have had a physically violent relationship with one another, often - if not always - initiated by her. My stepson has always tried to walk away from the situation. The last incident occurred when his mother and her husband attacked him. He retaliated (first time ever) and his half-sister hit him over the head with a metal baseball bat. Fortunately, my stepson was okay. He was treated with a laceration and given seven staples in his head. The court order states my stepson will continue visitation every other weekend per the Indiana State Guidelines, though he will not have extended visitation. The courts are allowing this because they do not feel anything will reach a boiling point in a matter of two days. We know better.
My stepson has no huge desire to see his mother and knows what is going on. Sometimes, he thinks about it until he talks to her on the phone. She wants to argue with him because she cannot control the situation. What can we do if my stepson doesn't want to go over for visitation? We were told by Child Protective Services that we may get by with meeting her at an agreed halfway point and then if my stepson doesn't want to go, we at least did our part and my husband will not likely be held in contempt.
1 Answer from Attorneys
Without a time frame concerning what has occurred and when orders were entered, this cannot be answered fully. However, not allowing for parenting time does not address the underlying situation. Something is not right when a child does not want to visit with a parent.
You might want to obtain counseling for the child. Ultimately, the child and his mother may have to be in joint counseling. Keep in mind that the Parenting Time Guidelines requires the custodial parent to encourage parenting time.
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