QUESTION
How can I get the judge to listen what the child wants?
Asked on Sep 29th, 2015 on Child Custody - California
More details to this question:
8 yrs in and out of court. Father has criminal history. I filed child abduction papers in CA on him because he took our son for 2 weeks than again for 2 1/2 mths. Moved from CA to OK because family lives there and my S.O passed. Didn't hear from father in a year. Mediator wants phone calls on a weekly basis but child honestly wants nothing to do with him. On all visits he tries to hide. My son wants to please everyone he meets, so he wont say he doesn't want to do something. I always tried to keep him involved in his life until he took him for the 2 1/2 mths. Father disappeared for 3yrs and came back wanting custody only received supervised visits. Son now sees LCSW for loss of stepdad. How can I get a judge to say enough is enough? Mediator wants us back in 6mths to discuss my son seeing his father out in CA by himself when father wont give a physical address of where he lives. Lots of details and problems but this is most recent.
1 ANSWER
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It is unlikely that the court will tell the father he is out of luck and can never see his son again. I know that this process is frustrating - but he's the child's father and the court will not want to shut the door on him completely. However, three years is a LONG time. Your position that no visits should occur in California right now, when you don't know his address and he is a virtual stranger to the child, is a reasonable one. But you should consider what you would actually agree to, and perhaps talk it over with the child's therapist. If a child interview will not help because your son will not be strong enough to share his true feelings, perhaps the therapist would write a declaration for you.
Best of luck.
Answered on Sep 30th, 2015 at 9:58 AM