QUESTION
Can I be ordered by a court to make my son go to my ex wife's house every other weekend to see his half brother?
Asked on Dec 14th, 2012 on Child Custody - Washington
More details to this question:
In my divorce, me and my ex wife put that I would allow my son to go over to her house and see his brother over. There so he could see him more. I thought it meant I could if he wanted to go but that I am allowed not to make him if he doesn't wish to or if I don't want him to go. I have told her he will not be going every other weekend and she is now suing me for visitation rights and saying I have to let her have my son even if me and his mother don't want him to be made to stay with her? What can I do? Will a judge listen to me and his mother or will we be forced into making our child be in the care of my ex wife every other weekend just so he can see his half brother?
10 ANSWERS
3 Awards
You have to comply with the order. My suggestion is to get a lawyer. If you cannot do so, just organize your case and tell the judge your side of the story. Judges are human and in most instances will listen to you.
Answered on Mar 19th, 2017 at 5:52 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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A court can order you to do anything the judge believes in the best interest of the child and it will be your duty as a parent to make the child comply. Obviously a judge will listen to what each parent says and may consider what the child wants; but the child's preferences don't drive the train. It it isn't clear from your statements what the current orders require or whether the child you are concerned about also a child of your ex-wife. If you ex-wife is not the mother of the son you are talking about, it is not likely that she can succeed.
Answered on Dec 20th, 2012 at 5:32 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Is your ex your son's mother? If so, then probably you will be ordered to give her time with him. If she is not the biological mother, then she really doesn't have any right to custody of your son.
Answered on Dec 18th, 2012 at 12:12 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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I suggest you read the language of the order, that will tell you what the judge expects the parties to do. However, the decisions related to possession of the kids always need to be tempered with a decision about what is best for the child and what needs to be done for the safety of the child. I suggest you hire a lawyer to assist you in reading the orders and handling the situation.
Answered on Dec 18th, 2012 at 12:11 PM
Immigration Law Attorney serving San Jose, CA
Partner at
Ahluwalia Law Professional Corporation
You need to look at the court order. Two things to keep in mind so that you don't keep on wasting your time or emotion: 1. The court order must be followed. Your lack of understanding is not going to help you unless you had some mental or physical condition that affected your understanding at the time you agreed to such arrangement. 2. If you don't like a court order, file a motion to change it. The judge will decide.
Answered on Dec 18th, 2012 at 12:10 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can follow the court order or file a petition to modify the parenting time schedule. You should consult with an attorney to discuss your issues further.
Answered on Dec 18th, 2012 at 12:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need representation. I would argue the court has no jurisdiction over your and present parent wife's child. The case, or at least that claim, should be dismissed.
Answered on Dec 18th, 2012 at 12:09 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is not just to see his half brother. If you do not make your child go, you could be held in contempt of court. Don't tell your child that.
Answered on Dec 18th, 2012 at 12:09 PM
Michael Wynn
The short answer is yes. If your dissolution of Marriage final judgment contains what you have written then yes you have to follow a Court order or you could be found in contempt. The best thing to do would be to consult with an attorney who can read the Order and tell you exactly what you need to do.
Answered on Dec 18th, 2012 at 12:08 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can be forced to do what the orders say until you change the orders.
Answered on Dec 18th, 2012 at 12:08 PM