Legal Question in Family Law in California
14 1/2 years wishes to not see parent
My 14 year old has lived with me primarily for 5 1/2 years. At 7, he started begging me to get custody of him with her refusing. When I threatened to take her to court finaly at age 8, she told me if I wanted him, I could have him. Within time, mother has lost all visitation except for (1) 8-hour visit on the last sunday of every month (son's request (13) and judge granted in June 2006). Thats it! Mother hasn't seen her son at all since then (17 months). Hasn't talked to him on the phone in over 4 months. Forgets birthdays, doesn't call for holiday's, etc.
She lives in another state and although were supposed to have address and phone # (court order), we have neither. Owes over $11,500.00 in back child support and has 1 warrant in San Bernardino and 1 warrant in Las Vegas. Think she still owes childs council from 4 years ago.
My question is, my son has spoken to his maternal grandma who has stated his mom is planning on moving back to CA & getting her life together so she can be with him. He doesn't want to be with her - at all. Doesn't want to talk or see her. If she insists, how hard would it be for us to grant my almost 15 year old son his wishes.
1 Answer from Attorneys
Re: 14 1/2 years wishes to not see parent
This is an easy one, but possibly not an easy result if you don't handle it right.
First, though, an attorney needs to know what the current custody and visitation orders are. Based on what you said, she can't get any more visitation than that to which she is entitled unless she goes to court and files an Order to Show Cause for Modification of Visitation.
Wait for her to move out here, and wait for her to file an Order to Show Cause. Then, you should file a response requesting appointment of minor's counsel. Minor's counsel will interview your child, you, and the mother, and make a recommendation to the court as to whether the mother should get more visitation. Usually, when a child is as old as yours, the child's wishes are a done deal.
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