What can I do if my child feels uncomfortable spending child custody time with his father? 6 Answers as of March 22, 2011

My son's father (unregistered sex offender) was kicked out of home due to infidelity for pretty much 13 years by estranged wife. My son does not feel comfortable living with dad and his current girlfriend. We have 50/50 physical and legal custody. He is unemployed by choice. Currently on the weeks my son is w/ dad, they travel over 1.25 hours to bring him to school, my son has to wake up by 4am to get to school on time. Due to the current circumstances of child's father, if there is court order in place, does 14 year old child have to go with dad, if child does not want to? I offered to have child Mon-Fri, and he have child on weekends, he rejected. I pay child support to him and I told him he can keep the money but stability for child needs to be established. He still rejected.

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
You'll need to file a motion to seek a modification of the current court order. This will allow you to go to court and present your argument as to why a modification is appropriate. Additionally, due to the child's age the court should consider his requests.
Answer Applies to: California
Replied: 3/22/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
You must follow the court Order for now, but you should file a motion requesting a modification of the Order. You have many very good reason to take primary custody and grant the father limited visitation rights. The drive time alone is a darn good reason and the 14 year old child not wanting to go is even stronger.
Answer Applies to: California
Replied: 3/3/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
If a proper application is made to the court the preferences of a 14 year old child will be taken into consideration. There are three different ways to make the application. Each case is different so the facts of the particular case needs to be reviewed to choose the most probable application to accomplish the task.
Answer Applies to: California
Replied: 3/3/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If your son has a good reason for not wanting to visit with dad (or at least have overnights) the court will consider his wishes when making a new order. For assistance with your family law matter, please contact me for a free consultation.
Answer Applies to: California
Replied: 3/3/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You option to to return to court and present your offer to the mediator.
Answer Applies to: California
Replied: 3/3/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You need to file a motion with the court to modify custody/visitation. Best to call a local family law lawyer to help you prepare the motion, or better yet, represent you in the matter. z
    Answer Applies to: California
    Replied: 3/3/2011
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