Legal Question in Family Law in Indiana
Visitation
My 16 1/2 year old son and his father have a very emotionally abusive relationship. No matter what he ever does, says it is not good enough. And for the most part he is a bully. His father recently divorced his wife. My son still sees his step-mom and his two brothers but refuses to see his dad. He tried to give his dad an chance to make things better in which his dad decided was not what he wanted. So now my son is done. Not to mention he spent a year with my son hiding his mistress from his now then wife. My son has decided that he is not the type of person that he needs in his life. That a person with no values/morals is not a good role model. He loves his step-dad (my husband) and has gotten to see what a real dad should act like. I made my son talk to him months ago and give him the chance to make it right and when he did not that sealed the deal on my son being done. Now his father wants me to make him talk to/see him. There is no way to do that with a kid of his age. He also, at 15., kicked him out of the house at 11pm at night on a country road all because he wanted to see his family who was visiting from out of town and his dad did not want him to. When he tried to reason with him he told him to just get out.
He is all about taking me to court about his visitation, even though he has not paid his support in months. What kind of rights would my son have in stating why he no longer wants to go there? Would a judge talk to him in private as his father is extremely intimidating?
I honestly do not care if he takes me to court because I feel he has done this to himself and I have done everything to help him and his child has too. He made his choices and now the relationship is what it is. I just want to make sure that my son will have the chance to speak freely. Also wonder how heavily a child of that age speaking has on the decision of the court.
2 Answer from Attorneys
Please sit down and talk with an attorney. There are too many variables here to answer with an email, and if you are serious about protecting your son, such a visit would be well worth the consultation charge.
Good luck.