QUESTION

Can a judge make my kids see their father if they don't want to ?

Asked on Aug 30th, 2013 on Family Law - New Jersey
More details to this question:
What daughters father has been in and out of jail since they were born. He just got out after being away for 6 years. They repeatedly tell me they don't want to talk to him or see him. When I end up in court with him will the judge let him have visitation know matter what
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You should ask the judge to speak to your daughters are over the age of 12.  Many times the court says that its your job to get the kids to see the other parent even if they do no want to.  I know its very hard to do.  If your children are older, ask to have the visitation stopped and ask the judge to speak with them.   You can indicate to the court that there was no prior relationship due to his incarceration.  If you currently do not have a court order requiring visitation, then don't make them go and wait for him to file something asking for visitation.  You can also not send them, and see if he files something to enforce it, and if he does, then ask for the judge to see the children.  Good luck.
Answered on Sep 03rd, 2013 at 3:55 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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