Q: HiIf my child(11years old) decides he does not want to talk to his absentee father is that a problem?
The custody agreement is technically 50/50 but his father is mostly absent from his life being in and out of jail or drunk. His father will go for months without trying to contact him sometimes and when he does it constantly leads to empty promises and disappointment for my child. His father does not pay child support and honestly I’m too scared of his father to change the custody agreement. If everything is left the way that it is now, are there possible legal reprocussions for me or should I force my child to have a relationship with his father who only lies and let’s him down? My child does have his own cell phone and previously I’ve always encouraged him to answer when his dad calls but due to another recent let down, my child has decided to stop taking his calls. Also it might be important to know that currently his father does not have a license and is not suggesting that he wants to come see him at all. He’s just doing the bare minimum to make it look like he is.
A: You have to follow the custody agreement in that you can not withhold your child from his father. If his father is not asking to utilize the visitation he has then you are not withholding the child. If there is a provision in the order that his father has the right to reasonable phone contact with the child, then you could be held in contempt if you are not allowing the child to speak to his father. The only way to change the circumstances are to get the Order changed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
