Legal Question in Family Law in New York

Should a 11yr old be ''made'' to go to visitation even if reasons are good

My question is simple,but a difficult one. My son does not want to visit his mom anymore.He states that her and the bf fight all the time.He says her house is dirty and he is made to sleep on the floor.He has to fend for himself as far as food goes.She is contantly putting my gf and myself down.My daughter is 13.She is still living in this environment by her choice.Their mother keeps telling them both that if ''you don't want to go/you don't want to come,you don't have to.''It was court ordered that they are to be together weekends and all holidays.They are here every other weekend and there every other weekend.The same goes for wednesdays.The lg is very busy,my son has been in counciling for over a year.Do i enforce that he go or let him call mom and say ''I'm not comming''


Asked on 9/08/01, 10:17 am

1 Answer from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Should a 11yr old be ''made'' to go to visitation even if reasons are good

Because the visitation is court ordered, you need to go to back to court. It sounds like you should be concerned about the living conditions your son is exposed to when he visits with his mother. You should be able to handle this in family court. The court will appoint a law guardian for your son, and he will be able to make his wishes known.

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Answered on 10/26/01, 12:50 pm


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