QUESTION

My son is 16 will be 17 next week. He is not wanting to go to his dads. Does he have to? There is no child support involved.

Asked on Dec 27th, 2012 on Family Law - Texas
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Premarital and Prenuptial Agreements Attorney serving Houston, TX
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It is very important that this be a decision of your son and not of you.  If, and only if, your son does not wish to visit, he must communicate this with his father.  Realize, you will be open to a claim that you unduly influenced your son. Most courts do not penalize a parent who cannot convince a child to visit. But, let's look at the other side. Your ex-husband very likely has resources and contacts that can ultimately be of advantage to your son, and if they are of advantage to your son, someday they may be of advantage to you.  The education your son gets and the contacts he makes will help him in life.  If he does well, he is better able someday to assist you.  Further, he may someday resent you for not helping him have a relationship with his father.  If you are not going to do that, get some counseling for him (and you) to be sure he does not at some level wish some contact with his father. Bottom line, encourage the contact.        
Answered on Dec 31st, 2012 at 7:09 PM

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James/N Higdon
Maybe.  At 17 the Courts generally allow a child to visit or not.  Also, the obligation to visit, if ordered, is that, an obligation and it does not matter whether or not child support is being paid.     That said, you should not get in the middle of the visitation conflict.  Make the child available, then leave him and his father to work out whether he goes or not.  Otherwise, if you interfere, you may possibly be held in contempt for aiding and abetting the child's refusal to go.     JAMES N. HIGDON 12000 HUEBNER ROAD, SUITE 200 SAN ANTONIO, TEXAS 78230 210/349-9933
Answered on Dec 31st, 2012 at 10:28 AM

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