Child Visistation?

If you have a visitation order through the court your ex has to let your sons visit with you. Children don’t get to choose if they go or don’t go to visitation.

Dear phils:

Greetings. Children do not get to decide to go to visit a parent or not. Put your foot down immediately. Your children need you to visit them and your wife sounds like she is using this oldest child for emotional support, which is COMPLETELY inappropriate. Hire an attorney if you don’t see the children immediately. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Last weekend was suppose to be my first visitation weekend with my children. I was in the prcoess on moving into my new apartment and my wife and I agreed to change it to the following weekend when I was fully moved in but, I could take my 2 sons to dinner and a movie that night. She seemed to be very upset that her boys were going to leave with me. She is very paranoid so, I invited my wifes sister to go along with us so my wife would not worry through the evening.

I talked to my son’s on the phone last night and asked them what they wanted to do this weekend and my oldest son said he did not care. My youngest liked the idea of going to amovie.

Today, I receive a call from my wife saying that my oldest son said he did not want to go with me this weekend and that he was 14 years old and does not have to go if he does not want to. My wife says that if he does not go then I cannot take my younger son for the weekend.

Don’t I have any rights here? I don’t want to force my son’s to do anything they don’t want to do but, I really think my son’s want to see me but she is trying to stop it.

What should I do?