Legal Question in Family Law in Virginia

My son's dad took me to court in 2012 for visitation of our son who is now 10 years old. Not even a month in he stopped and went weeks and months without getting him like he was supposed to. So as of October 2016 I finally had enough and now I'm taking him back to court to get the visitation modified and now he is starting to get him like he supposed to.. Also my son never wants to go with him and sometimes he cries because he says his dad doesn't spend any time with him, but I tell him you have to spend time with your dad. Will my son be able to have a say when we go back to court.. I breaks my heart because I know he is unhappy.


Asked on 1/14/17, 9:17 pm

1 Answer from Attorneys
Sean Hanover Hanover Law

Your son can be heard, however, there is a significant chance the Court will interpret this as you attempting to manipulate the child. It is better to emphasize your ex-partner's refusal to see your son for years, and the need to slowly re-integrate him because of the trauma caused to your son. Get a psychologist to show the boy is suffering, and approach this without putting your son on the stand.

If you need further help with this, give us a ring! We handle custody and family law matters in Virginia on a frequent basis. 703-402-2723 or [email protected].

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Answered on 1/15/17, 8:48 am


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