Legal Question in Family Law in Texas
child custody
my12yr old son was order my the court to spent every other weekend with his dad he does not want to go with his dad he gets sick just thinking about it he was on medication bebore because his dad woulo visit the school he developed an ulcer for that now he has an order to go what can i do i don't want him sick again can the court force him to go how old does he has to be to decide not to see him? my ex. was very abusive husband i'm worry about my child
2 Answers from Attorneys
Re: child custody
I would immediately put the child into counseling.
I have found that it is usually best that the entire family attend counseling since it is usually not use one person's problems but a family problem.
The professional you hire will determine how often, who should participte, group meetings, individual meetings, etc. Only a professional health care provider is able to determine what needs to be done.
He definately needs some assistance from a professional to discuss why he gets so upset before each visit.
If the professional feels that the father should participate in counseling, the professional could ask him to do so.
If the professional feels that the visits are harmful to the child and is willing to testify in court, then you have a great reason to modify the visitation arrangement.
Re: child custody
I think the order says "visit"; and there is no language in the order that says he doesn't have to go even if he is sick. If you want to try to modify the order because of the situation you describe, be prepared to prove everything you're saying. You will probably have to have a doctor and a psychologist to testify about your son's condition. Good Luck.