Legal Question in Family Law in Kentucky

12 and unhappy

I was never married to my son's father, Since my son was 2, I have granted standard visitation. My son is now 12 and does not wish to go as often. What are his (my son) rights in this matter?

A concerned Mother.


Asked on 2/23/07, 10:54 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: 12 and unhappy

It sounds like there are no court orders in place regarding visitation. Assuming this is correct, then you are not obligated by law to send him on visits. However, this is a delicate situation that will erupt into a messy and expensive legal battle if not handled well.

Since it sounds like you and the father have been able to work out at least some issues for 10 years now, I suggest trying to talk it through with the dad and your son. Hopefully, your son can explain his reasons and the father will listen and everyone can be flexible about the visits.

However, if that cannot or does not happen, then you can reduce the visits and wait to see if dad challenges the change in court. If he does, the only "right" your son really has in it is to express his feelings and wishes to the judge.

I will end on my own note of concern: Unless there is violence, drug use, or some other risky behavior that the dad exposes your sone to - then I would encourage your son to remain in some level of contact and visitation with his dad. Teenaged boys especially need that contact.

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Answered on 2/23/07, 2:00 pm


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