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Ex husband wants to force 13 1/2 and 16 year old to see him

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pamela dimase

Guest
What is the name of your state? Florida

I have been divorced from my ex husband since 2-13-95. our son is now 13 1/2 years old and daughter is 16 years old. We have shared custody but have always lived 45 minutes to 2 hours away from each other. He has had little to nothing to do with the children. he only shows interest when he has a new wife or girlfriend to make himself look like a great father which unfortunately he has never been. I have already been to court 7 times over non payment of child support which is only $500 a month for both children and an extra $100 a month toward arrears. The problem is that he wants to force both children to see him whether they want to or not. I have always told them whenever they want to call or see their dad they can but both have refused. He remembers their birthdays late and with the exception of my son getting a "whip" neither has received birthday or christmas presents including this past year. The main problem is that he is very filthy mouthed around them. He will look at and go up to other women saying dirty things and naming their body parts as if he is talking to other adults and not his 2 small children. I divorced him because he was both physically and verbally abusive and very much into pornography. The last time my daughter was around him he took her for a five minute ride in the car with a friend in which he yelled at her, used profanity-such as the "f" word which he always uses and preceded to scare her and her friend. My daughter had to tell him to take her back. She and her friend typed a report on what exactly happened and I had it notorized with both of their signatures.

My question is what rights do I have to protect two children from a volatile father who never discloses where he's currently working or living. Even HRS can't find him when they need to concerning child support payments? And are they old enough to refuse to see him? I have 5 family members including his sister who can attest for the fact that he has nothing to do with them and when he does it's when he feels like it and that he's a very unstable person and filthy mouthed!

Please help me, he has now filed a "motion for contempt" against me and I want to make sure that our children are'nt forced to spend time with a man that they neither want to and are scared of!
 


stealth2

Under the Radar Member
If there is a court order for visitation and you don't make the kids go - you are in contempt of the order. The only way to keep from them having to go is to file for a modification. At their ages, it's likely a judge will listen to their wishes and give them a fair bit of weight.
 
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Sabrina26ford

Guest
OK well, in most courts the children do not have a choice if they are under the age of 13. A judge may or may not consider the childrens testamony. My decree specifically that the children do not have a choice on wether or not they go. But I do use the 15 minute rule when the kids do not want to go. Meaning if he is more than 15 minutes late the kids do not have to go.

One more thing DOCUMENT EVERYTHING. I keep a calendar with every phone call made and recieved, times, and dates. No shows, as well as late shows and noshows with no phone calls.
My last court case was my exholding me in Contempt of court re:visitation I had more than enough documentation to prove my case and won once again in court.

Get legal affidavits from anyone and everyone who can testify to your case. I found judges prefer to read an affidavit than to listen to witnesses.

You will need to file a modifacation of visitation if you want to change how often or when he sees the kids.

If you deny him visitation make sure you know you might face contempt charge which can range from a strict repremand from the judge to as much as jail as well as fines.
 

kidoday

Senior Member
Quick question. How do you make a 16 year old visit the other parent? What do you do, take the car away, ground them, take TV priveleges away? How do you make a 16 year old go without alienating them from the other parent even more?
 

stealth2

Under the Radar Member
By 16 the child is more than old enough to understand the reality of the situation. So you tell them that if they refuse to go *you* are the one who will pay the price, so they need to do so until we can get it changed. And actually - you have to make the child available - then it's up to the other parent to get them to go with.
 
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neets

Guest
I live in Minnesota and I have a 16 yr old son and he does not want to go to his dads anymore because he wants to be with his friends and girlfriend. i called our court appointed mediator who is also an ex judge and he said you cannot make a 16yr old go you cannot tell them what to do at that age so I don't make my son go. If he takes me to court the mediator said I stand to have a good chance on winning because of the age thing. So good luck.
 
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pamela dimase

Guest
thanks!

I JUST WANT TO THANK EVERYONE FOR THEIR COMMENTS AND SUGGESTIONS.

I HAVE 7 YEARS OF DOCUMENTATION THAT I HAVE JUST PICKED UP FROM THE DEPARTMENT OF REVENUE CONCERNING HIS LACK OF CHILD SUPPORT PAYMENTS. ALONG WITH THAT, NOTES WHICH STATE THAT HIS PLACE OF EMPLOYMENT AND RESIDENCE WHICH CHANGES CONSTANTLY, CAN NEVER BE VERIFIED. THIS ALL PLAINLY SHOWS HIS LACK OF INTEREST AND CONCERN FOR HIS CHILDREN'S WELL BEING AND I DON'T KNOW A PERSON AROUND WHO WOULD LET ANYONE, WHETHER IT WOULD BE A MOTHER OR FATHER TAKE CHILDREN WITHOUT EMERGENCY INFORMATION. CHILDREN'S SAFETY COMES FIRST AND FOREMOST. HOPEFULLY THIS WILL MAKE AN IMPACT ON THE JUDGE. I AM MEETING WITH AN ATTORNEY ON WEDNESDAY AND I WILL GET BACK TO EVERYONE TO LET YOU KNOW HIS THOUGHTS ON THIS MATTER!

MY DAUGHTER MADE A COMMENT TO ME THE OTHER DAY ON HOW IRONIC IT IS THAT WE WOULD TRUST HER LIFE AND OTHER PEOPLE'S BEHIND THE WHEEL OF A CAR YET WE CAN'T TRUST HER TO MAKE HER OWN DECISIONS CONCERNING HER PERSONAL LIFE WITH HER FATHER. UNFORTUNATELY THIS TYPE OF THING IS JUST STRENGTHENING HER RESOLVE TO STOP SEEING HIM NOT TEMPORARILY BUT PERMANENTLY!
 
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Grampsx13

Guest
I think that brings up a good legal point for perhaps one of our professionals here to try and supply a bit of insight to.

You have a child in their teens (13 to 16 let's say). The NCP arrives to pick up the teen for normal visitation. The teen says, "no way do I want to go, no way will I go!" The CP tells the teen, "you have to go, now get yourself out there and go." The teen absolutely refuses under any circumstances! The CP isn't able to 'physically' do anything about it. The CP has tried their best to verbally reason with the teen. The CP informs the teen that it could mean the CP's butt in court. The teen still isn't buying any of it and will not comply. The CP walks away and leaves the rest up to the NCP. The NCP has no more luck with the teen than the CP did. Aside from any physical force, can it then not be said that the CP did everything within their power and, not be held accountable before the court? I mean...where does the CP's responsibility in such a situation end and it then becomes the NCP's problem/responsibility? I have seen kids at ages 11 & 12 years old that I don't think I would want to tackle or challenge or 'try' to force.
 

stealth2

Under the Radar Member
It would then be in the CP's best interests to make sure that there is another witness - in case the NCP tries to claim denial of visitation. I don't think a court would expect a CP to physically force a 16 yo - but it would be useful to have proof that s/he made a real effort to convince the child.

This brings up another troubling point - if the transportation to visitation is via plane - with the kid flying alone. My boy is 11, and right now, I could likely wrestle him onto a plane. In a year? Not likely.
 

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