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Domestic Abuse

Can a 10 year old refuse to see his father on the day of visitation face to face?

Q: Child spoke to his lawyer on Tuesday and told his lawyer that he doesn’t want to see his father because his father abuses him. His lawyer told him being hit with a belt or any sort is not abuse. She asked him who does he love more. He said his mother. She told him nooooo u love your father more. He said I never said that. Child says that his lawyer was trying to trick him and put things in his head. The lawyer went on the stand the next day and stated that the child misses his father and wants to see him. Court ordered for the child to go to his fathers for visits. The child has to see his father tomorrow. He doesn’t want to go and says can he just tell him face to face and leave?

A: David’s Answer: Ultimately, it’s not up to a child – especially that young – to determine whether he goes on a visit. It’s ultimately up to the mother in this situation to encourage the visit as best as possible. If you believe there’s a conflict between the lawyer & the child, file a motion for the Judge to conduct an in camera interview with the child. Schedule a consult with a Bronx Child Custody attorney for a full assessment. – David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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