Custody and Visitation Issues: Can a Fifteen-Year-Old Be Required to Visit the Non-Custodial Parent

samedi 15 novembre 2014

My question involves a child custody case from the State of: Massachusetts



We have a 16 year old child. In the early stages of the divorce there was a restraining order against ncp parent, it was lifted to complete the divorce with both parents complying. 10+ years of turmoil and stress later. 15 year old does not want to visit ncp anymore. 2 years ago ncp lost shared legal custody, cp has full legal and physical custody. ncp has visitations and access to medical and school records.

The child is not in fear physically but mentally. The mental games and manipulation have taken a toll. Ncp was married once again after first marriage, divorced again and is not set to marry again.

1.5 years ago, custody was an issue, cp filed to readjust visitation schedule, less hours, child currently does every other weekend and Tuesdays. Ncp objected, court asked to see the child, at this time, ncp and cp met in the hall way and ncp agreed that child would not be forced to come as often and would be able to do extra curricular activities and have a say in visits. Since then child and ncp have communicated as yes I will come this weekend or no I will not, and things had been smooth. Cp felt finally everyone was on same page and things calmed down.

Child has emotional issues, depression, anxiety and very high functioning aspergers, very intelligent but a little slow socially. Has a 4.2 GPA, involved in sports, and social clubs at school. No issues behavior wise other than that. NCP made some poor choices and child found out on fb. NCP did not apologize, just chose to threaten child with taking away things, (NCP, never supplied things for child until 2nd divorce, has not paid half of medical bills and has never given more than what is court ordered, emotionally or financially) NCP does not come to child's extra curricular activities or allow child to do activities until 1.5 years ago.

Child has told NCP they no longer wish to go to their home. NCP has not forced, it has tried some threats, like shutting off phone or taking away the gift from grandparent of drivers education. Child told NCP this was not how to communicate and it was fine to take those things.

Fast forward a month and half later NCP has messaged cp that child must attend THanksgiving with them. There are several days prior to Thanksgiving, and ncp has not requested a visit prior. This is NCP's year for Thanksgiving.

Does the child have to go, does child have any rights, can child request a court ordered stop in visits? Can child just refuse to go if police are called? Can child qualify for any type of prevention order, when it is just emotional abuse and manipulation not physical? THank You for assistance and help and reading this long winded message.





Custody and Visitation Issues: Can a Fifteen-Year-Old Be Required to Visit the Non-Custodial Parent

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