Legal Question in Family Law in Indiana

Visitation

I am the custodial parent, and I have

joint custody with my ex husband. I

have three children, and the oldest is

15 and he has been through a lot

concerning my ex and has been

traumatized and is in counseling due

to past treatment. I have not forced

my son nor kept him home, but he

refuses to ever go over to his house

again. My ex is wanting to take me

to court, so my questions is, can I

terminate visitations or what? What

advise is best for this situation, and

can my child refuse if he is brought

to court?


Asked on 12/06/07, 9:24 am

1 Answer from Attorneys

Re: Visitation

I can only give you some thoughts and encourage you to contact and hire an attorney, or ask that a Guardian Ad Litem be appointed.

I suggest that you look at the Indiana Parenting Time guidelines available online at the Indiana Judicary Web Site. There is a specific provision in there regarding your responsibility

as a custodial parent when a child refuses or does not want visitation.

The courts generally are hesitant to have a child testify in court, so you may a hurdle there. Although, often times a judge will interview a child in chambers and out of the presence of parties and counsel.

A Guardian Ad Litem is a person who is appointed by the court to act on the child's behalf when the parents are in conflict over custody or visitation.

Good luck

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Answered on 12/06/07, 10:02 am


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