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Domestic Abuse

When can my child refuse visitation with non custodial Parent

Q: My Son is 12. He’s been in therapy for a few years in regard to a bad relationship with his Father & Father’s live in Paramour. As he’s gotten older his relationship with both the Dad and GF has deteriorated. He no longer feels comfortable being in their company and has NO relationship with his Dad. MY Ex is always threatening me with Court (we’ve been there a handful) and faults me for his sour relationship with our Son. Therapist has said it’s in the best interest of my Son not to be with his Dad based on bad experiences and that my Son can refuse to go. Attorney says, therapist doesn’t know legalities. Not easy being a Mom sandwiched in between. I’ve sent/forced my Son every time he’s was scheduled to see his Dad, even the weekends. the situation has gotten progressively worse. HELP!

A: If there’s a court order of visitation, then the only entity who can modify same is the Judge. Ultimately whether the Judge will continue the present order (assuming there is one), or modify it will be dependent on several factors – the child’s preference being one of them. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

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