Custody/refuse to see dad

[novembersea]

What is the name of your state? Ca

If a child is refuses to go see his father, even though the father is willing to pick him up, can the mother go to court and ask for more child support? I don't think it would be right, but my husbands son doesn't like rules or discipline and is now not wanting to come see him. He is afraid that he will end up paying more support if the child doesn't come. Long story short, the mother has been on some type of aid/welfare/disability for 14 years and is always looking for more money. That is why he knows she will try it. She has already lied to the court this year about visitation by a huge amount.

 

[haiku]

call her bluff, take her to court for contempt. for refusal of visitation.

 

[VeronicaGia]

What is the name of your state? Ca

If a child is refuses to go see his father, even though the father is willing to pick him up, can the mother go to court and ask for more child support? I don't think it would be right, but my husbands son doesn't like rules or discipline and is now not wanting to come see him. He is afraid that he will end up paying more support if the child doesn't come. Long story short, the mother has been on some type of aid/welfare/disability for 14 years and is always looking for more money. That is why he knows she will try it. She has already lied to the court this year about visitation by a huge amount.

Your husband needs to file a contempt of court action against her for denying visitation.

CA bases support on the net income and percentage of visitation of both parents. So, if his visitation is lowered, she would be able to get more child support. Therefore, he needs to enforce his visitation order, but not just for the money. It sounds like this child is allowed to do whatever he wants, and the stability your husband offers, in the form of rules, is something this child desperately needs. Not to mention a role model of a parent who works to earn a living instead of sucking off taxpayer dollars.

 

[novembersea]

Yes I agree totally. I told him pick him up even if he doesn't like it. Which he has, he is just afraid that one day he will go there and he won't go with him, and with the police, they just say it's a civil matter and they can't get in the middle of it. He has no bed time, no rules at his moms...so even though he has fun here also, rules just cramp his style..The kid needs counseling and we are working toward getting him there..probably with a court order cause the mom refuses for the child to go. Figures..!

 

[VeronicaGia]

Yes I agree totally. I told him pick him up even if he doesn't like it. Which he has, he is just afraid that one day he will go there and he won't go with him, and with the police, they just say it's a civil matter and they can't get in the middle of it. He has no bed time, no rules at his moms...so even though he has fun here also, rules just cramp his style..The kid needs counseling and we are working toward getting him there..probably with a court order cause the mom refuses for the child to go. Figures..!

If your husband can, he should always have an uninterested/unbiased third party attend the pick up's (not you). If the child refuses to go and mom encourages his refusal, you'll have a witness. If mom tries to play the domestic violence game (accusing dad of hurting her or pushing his way into the house) you'll have a witness that will say otherwise.

This is a sad game. The kid doesn't know it yet, but he will eventually lose. He will either alienate himself from dad, or dad will alienate himself from him.

 

[novembersea]

Yes it is already starting to go that route. He is accusing his father of things that are not happening already. The son plays the sympathy card etc...it IS sad. His father is afraid to be alone with him at this point. Only problem is finding someone other than myself and my son to go with him at pickup. But that is great advice!