Legal Question in Family Law in New Jersey
My son doesn't want to go
My wife & I are separated 3 yrs. She walked out on us in March, 2003 for a secret boyfriend. I have SOLE CUSTODY of our 9-year-old son. In Sept., 2003, she was awarded visitation on Sat from 10am-7pm and on Wed. nights from 4-8pm. For the last 6 mos. my son gets pains in his stomach, runs to the bathroom and quite often vomits the day of his visits with his mother. He screams and cries and begs me NOT to let her take him. I have tried to talk to him in front of her when she comes to get him and I'll plead with him to go with her but to no avail. I HAVE NEVER STOPPED HIM FROM GOING WITH HIS MOM. But he has now missed the last 6 of 10 visits with her. Adding to the pot is the fact that my son failed 2 major subjects & nearly a third in 3rd grade last year. He has struggled mightily & was evaluated by specialists: a social worker, child psychologist, etc., & he is now in a special program. He is not able to do his homework on Weds. until after 8pm. My wife is of immigrant parents and does not understand his homework to be able to help him. Now, I received a complaint from our Family Court and have a December hearing about re-establishing visitations. What am I to do, put him in handcuffs & force him into the car with her? Help!
2 Answers from Attorneys
Re: My son doesn't want to go
You are right to tell your son that he has to go, but there is a lot involved here. Custody and visitation issues are some of the most painful, important and expensive issues in divorce matters. You absolutely should hire an experienced divorce attorney located near you. The attorney may suggest that the child, his mother and yourself (and maybe others) be evaluated for purposes of visitation. It sounds like your son has some real problems.
The Judge will want to do what is best for the child, and will want expert opinions as to what is best.
Let me know if I can assist, if you are in northern NJ. Good luck to you, this is painful and important.
Re: My son doesn't want to go
It seems to me that your son has a problem related to his parents' separation. There is a news article which I read over the weekend that even the children of reasonable and cooperative parents have rather considerable problems adjusting to their parents not being together.
You collect documents supporting the findings of any psychological evaluation and recent report cards from school to demonstrate that you son is having a problem that is causing him to act out in many ways, not just in his refusal to visit with his mother. This is important to demonstrate that you are not the cause of your son's refusing to visit with his mother.
Good luck my friend.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
