Legal Question in Family Law in New Jersey
Children's Rights
My son is 9. I was never married to his father, however his father has visitation with him every other weekend. He doesn't want to go with him at all. He cries so hard it makes him sick. Does he have any rights?
3 Answers from Attorneys
Re: Children's Rights
At the age of 9 your son does not have the independent authority to discontinue visits with his dad. However, if there is a reason that he does not want to go that impacts upon his best interests, you can assert such reasons on his behalf. I would suggest that you seek a mental health professional to become involved, asking his father to participate, to address the situation in an attempt to find a solution (or cause) to this behavior, prior to any legal effort to stop the visits. As always, if you have any reason to believe that your son may be in danger in any way, you should immediately contact an attorney (or the police) to seek more specific advice/protection.
Re: Children's Rights
I think that you need to find out what happens while your child is with his father which causes him to hate going with his father. What is happening could be a basis for terminating visitation.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Children's Rights
I echo what the other attorneys have said. I would first talk to the father to see what you can work out. Otherwise, your only other option is to file a motion with the court and explain the situation to a Judge. If you do this, I suggest you have an attorney help you.
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