My step-son who will be 15 the middle of May has contacted his dad through facebook and has told him he wants visitation with him. Has stated he asked his mom (and has asked in the previous years) to see his dad. The custody agreement is mutually agreed and the ex will not agree to any an hasn’t since Father’s Day of 2007. She has given no reason to anyone as to why she stopped allowing my husband to see his 3 kids (14, 12, 10) and we only figure because I came into the picture. She has moved from Rutherford county to Herndersonville, but their divorce, and custody agreement was done in Cleveland county. She took me to court in 2010 for “harassing phone calls” 6 calls in a 10 month span. I simply wanted to know her side of the divorce, she has in the past also had my husband charged with various crimes (trespassing, destruction of property, abuse) all, but 1 count of domestic violence was thrown out. That one count he plead guilty to because she told him they could get back together-he wasn’t stupid enough to plead guilty next time.
Now my question is we had a social worker (husband is on SSDI) tell us that at 14 his son could choose to have visits with his dad and if he so chose could request a judge to live with us, however she did not tell us how we would go about this. The ex won’t answer any calls, has thrown away (or dismissed) all letters of contact including a request for regular visitations, cards and such all seem to do nothing. Checks for the kids birthdays go un-cashed even so we believe she just tosses everything from my husband in the trash. We tried free legal aid in Gaston county, but they told us they don’t have the funds to take on custody cases.
How should my husband go about getting his son in front of a judge to tell his wishes? And do we need to go to the county his mom lives in, the one we live in or where all the divorce and custody proceedings previously were done?