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The Law & You

My Son Doesn’t Want to Follow Visitation Orders. What Can I Do?

The Law & You
May 15, 2018

The Law and You

My Son Doesn’t Want to Follow Visitation Orders. What Can I Do?

A divorced father says his 12-year-old son doesn’t want to come to court-ordered visitation. Is there anything he can do? Attorneys Greg Fellerman and Greg Ciarimboli have the solution.

Dave Kuharchik: We have a custody issue to talk about in this edition of “The Law & You.” Back with us, the guys that really know how to take care of the chairs here on “The Law & You.” They man them properly, they’re ready to answer the questions.

Ed Ciarimboli: Oh yes.

Dave: Attorneys Greg Fellerman and Ed Ciarimboli.

Ed: Thanks for having us, Dave.

Dave: Ready to rock. All right, here’s the question tonight. John from Scranton says, “I am recently divorced and my 12-year-old son doesn’t want to come to court-ordered visitation.” What can John do here?

Ed: You know, John, you’re close on that age – I think it’s 13-14 – when the kids really can have a say in whether they want to continue with visitation or not. 12, I think you’re well in your rights to have the course enforce that visitation order. But it’s close. There’s probably going to be a hearing, your 12-year-old is probably going to have to testify, and if he gives a legitimate justification for not wanting to comply with the order or do the visitation, the court is always going to look to see what is the best interest of the child. The best interest is always having a good relationship with both parents. But there may be insinuating circumstances that are preventing that.

Greg Fellerman: I think you’ll win. A 12-year-old has some input but not as much as, let’s say, a 16-17-year-old. Look, it’s your son, you gotta go fight. If you have to go to court, do what you have to do. But I think you need a good custody lawyer, you have a court order that says it, the enforcement of that order is really, that’s the law. There’s nothing more important than the law. You have rights, fathers have rights, mothers have rights, they all have to be protected. That’s why we have the court system. You got to go do it.

Dave: And I know you guys have some good referrals that you can reach out to.

Ed: We do, yeah.

Dave: You can give the guys a call, check them out online and don’t forget results matter. Attorneys Greg Fellerman and Ed Ciarimboli, see you next time.

Ed: No problem.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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