Visitation Rights

#1

Nope. A family court judge would consider his feelings, but you can bet the judge will ask why he feels the way he does. Undermining the respect of a parent by the other parent is egregious. Until this thing goes to court, I would, if it were me, pick your son up and tell him that he is coming with you. Part of fathering as you know is knowing when to pat his butt, and knowing when to smack it. In this world you cannot choose your parents but you do have to respect them, make sure he knows that.

#2

The 11 year old does not get to decide. You should act in a manner consistent with your desire to spend time with the child and, if the other parent interferes, then seek to have that party held in contempt. Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.

#3

I have a child custody and visitation order for every other weekend and rotating holidays. Last Weekend, my son (11 years old) stated he didn’t want to come with me for visitation. My ex stated that he should go with me but would not make the child go. We both had drove to the agreed location and she had him with her. I see this as an issue of my ex not supporting visitation for me. My ex stated the child should go with me and it was in my sons best interest but would not make him. There has never been anything but love at my house. Some of the issues he raised were issues between my ex and myself over equitable distribution unhappiness. I have never discussed the ED order with my son and don’t think it should be discussed with an 11 year old. What are my rights to visitation enforcement? Does the 11 year old just get to say I don’t want to go and that’s it?