Legal Question in Family Law in New York
Extra visitation time per court order
My son who is 12 was ordered to have visits with his Dad out of state a few times a year on school breaks. Our court order reads that his time with his father can increase if the visits are successful and if we mutually agree. If I do not mutually agree am I violating a court order if I follow the court visits as ordered but not give extra time? My son doesn't even want to go let alone go for more time. At what age will he have a choice about not having to go? I do not feel these visits have been safe or successful at all.
1 Answer from Attorneys
Re: Extra visitation time per court order
You are not technically violating the Order. However, you are violating the spirit of the Order.
You have to find out the real reason why your son does not want to go. If the real answer is that you are poisoning your son, you should change your habits. If the reason is that the father is emotionally abusive to the child, you should attempt to speak to the father to explain the child's anxiety.
At the age of 18 your son will have a choice about not going. At that age he is an adult (although maybe not emancipated for child support purposes). I agree that at 17, 16 or 15 you may have a tough time making him go. However, you must do the best you can.
Mike.
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