Minneapolis, MN asked in Family Law and Child Custody for North Dakota

Q: My son hates going to his father's - he's 10 is there anything he can do so that he doesn't have to go? He hates it.

We have been divorced since 2009 (my son was 2) and as my son has gotten older, he hates going down to his father's - to the point it will make him sick. His dad is never around to spend time with him on his weekend, his new wife/children are mean to my son, and when he's there, he is to sleep on a mattress on the floor with hardly any blankets. There are times when I pick him up he is dirty and hungry because his "other family" treats him like garbage and accuse him of awful things. He's 10 and just hates going to his dad's...can't he decide who he wants to live with or see his dad when he wants to, not because of a court order?

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1 Lawyer Answer

A: The court order controls. If you dislike the court order, however, you can make a motion to modify it under certain circumstances.

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