Q: during 2016 my son’s father got a visitation order from the courts. For the summer it was 7 days me, (mom), 7 days with dad. I have a super quiet child who keeps to himself at all times but lately every time he comes back from his dad’s house, he’s crying all the time, even to leave. Before the court order was finalized my son who was 10 at the time was assigned a lawyer and he told her he didn’t want to spend all that time with his dad, they didn’t investigate why and they completely disregarded his wishes. He finally opened up to me and told me that his dad has been calling him a bunch of curse words and yelling at him, bashing him, bullying him, telling him he’s invisible. At this point he doesn’t want to go anymore with his dad. His dad is one of those people who likes to do what they want and if my son told him he doesn’t want to go he’s going to come to my door and cause a big scene. What is the right thing to do so that my son isn’t being tortured in that matter.
A: David’s Answer: If that’s what your child is saying – and you’re confident he’d repeat it to his lawyer, file a modification petition in Family Court. I’d also advise to keep a paper-trail with the father, saying you’re concerned about the situation, aren’t sure whether it’s true or whether something else is going on, and ask to discuss the issue with him. Schedule a consult with a Bronx Family Law attorney for a full assessment.