Do I have to allow visitation if Dad isn't there?

[Ohiogal]

My son asked me this morning if he can take his Dad to court so he doesn't have to see his Dad - I honestly don't know. He is 14 - anyone know the answer?

This scenario is likely to continue as his Dad's elderly parents live with the stepmom and Dad won't be able to get a home for another year so I don't see situation getting better any sooner... very strange situation.

No. HE CANNOT SUE HIS FATHER to prevent visitations. The fact that you would even want to allow that or would question if he could is quite disturbing. So he is also spending time with his paternal grandparents at stepmom's home? That is a different situation. You need to work towards facilitating this relationship and NOT deciding to deprive visits or interfere with dad.

 

[LdiJ]

No. HE CANNOT SUE HIS FATHER to prevent visitations. The fact that you would even want to allow that or would question if he could is quite disturbing. So he is also spending time with his paternal grandparents at stepmom's home? That is a different situation. You need to work towards facilitating this relationship and NOT deciding to deprive visits or interfere with dad.

I agree. Knowing that that the child has both siblings in the home AND his paternal grandparents really does change the complexion of things and makes it much more normal for the child to spend time there. Its one thing to not want to spend the night with a soon to be former stepparent. Its entirely another when that is where the paternal grandparents live as well.

You really need to sit down with your son and explain to him that spending time where his paternal grandparents live is NOT a bad thing.

 

[Chaos4477]

Sorry, I didn't provide all facts. Paternal Grandparents in original divorce decree were NOT allowed to be near child unless I supervised visitation. Abuse present with Pediatrician and Counselor testifying in court. It's all a huge MESS. Luckily, son is now old enough and mature enough to speak for himself, when originally he was too little. All around - while it sounds like a good situation, without stating too many private facts - it's really not. I appreciate everyone's input. Thx!

 

[Artemis_ofthe_Hunt]

No. HE CANNOT SUE HIS FATHER to prevent visitations. The fact that you would even want to allow that or would question if he could is quite disturbing. So he is also spending time with his paternal grandparents at stepmom's home? That is a different situation. You need to work towards facilitating this relationship and NOT deciding to deprive visits or interfere with dad.

OG, I just wanted to clarify, I did not intend to imply that he could sue his father. Just that maybe a GAL get involved to help straighten things out? Or maybe a mediator?

 

[Ohiogal]

OG, I just wanted to clarify, I did not intend to imply that he could sue his father. Just that maybe a GAL get involved to help straighten things out? Or maybe a mediator?

If mom wanted to modify visitation and bring a case to do so then a GAL would be appropriate. Bringing sonny boy to court would NOT be appropriate.

As for this:

Sorry, I didn't provide all facts. Paternal Grandparents in original divorce decree were NOT allowed to be near child unless I supervised visitation. Abuse present with Pediatrician and Counselor testifying in court. It's all a huge MESS. Luckily, son is now old enough and mature enough to speak for himself, when originally he was too little. All around - while it sounds like a good situation, without stating too many private facts - it's really not. I appreciate everyone's input. Thx!

Those details would have been HIGHLY important in the very first post. Seriously. The fact that there is a restraining order prohibiting unsupervised contact is important. However have there been any other orders since then? When paternal grandparents moved in (how long ago was that?) with dad, did you still continue to send sonny over there? How long have you know that paternal grandparents lived there? Were the orders ever modified/changed?