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?
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