What to do if my son does not want to visit his mother because she hits him?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my son does not want to visit his mother because she hits him?

I have full custody of my 14 year old son. His mother took off and moved to another state. She is insisting he visit for a week; she claims she would buy the plane ticket. Last time they were together when he visited her, he said she hit him. He has not wanted to see her again. I’m scared to let him go and don’t know what to do.

Asked on January 28, 2013 under Family Law, New York

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

Also licensed and practicing in New York.

What does the custody/visitation order state about her visitation rights.  First and foremost comply with the order.  You don't want to be held in contempt.  Second, you may want to file for a modified visitation that prohibits her from using corporal punishment.  Some judges will place such a prohibitation in visitation orders.   As noted above, you may consider talking to her about hitting your son.  Of course, you tell your son to call the police or DFACS if she hits him again.  You can warn her that you have instructed him to do so.  This should stop her in her tracks.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you converse with the mother about the situation that you have written about to confirm the striking. If such happened, the the mother should not be allowed to see your son who is a teenager if he does not want to see her. I suggest that you consult with a family law attorney about the matter and follow his or her advice.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption