Portland, OR asked in Child Custody and Family Law for California

Q: What happens once a child is 15 will a judge force a child or once a child is a teen will they start to not force visit?

My son wanted to live with his mother after living with me for 3 1/2 years. He was turning into a teenager while in our home and was very upset we took his cell phone away for missing assignments. Courts allowed him to return to his mother house based on what he wanted. We had concerns before he left of friends he had in that area, lack of supervsison, and lack of support with grades. 9 months after the move he has found him self in juvenile hall. He is refusing to come for visists and has before this happened. The other parent is helping him to refuse and is even sayin he would rather go probation take him back to jail then be forced for visistation. His story continues to change on why he doesn't want to come for visists. His story went from he was just not happy to we didn't allow phone calls to his mom, he was verbally abused and was treated diffent from other kids. We know his mom is helping him to make up lies. I am lost at what to do or where to go from here.

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1 Lawyer Answer
Crista Marie Haynes
Crista Marie Haynes
  • Divorce Lawyer
  • Redlands, CA
  • Licensed in California

A: You definitely should file a Request for Order to modify child custody and visitation orders based on detriment to your son. You can show the extreme detriment by showing that while under mother's care he has been sent to juvenile hall and that his behavior is not changing and that his mother is either allowing for it to happen and/or doing nothing to rectify the situation. You can request for you son to be enrolled into therapy and for Mother to take co-parenting classes so that the situation does not get any worse and instead gets better for everyone involved. And even though your son is 15 you can still persuade the judge that him making his own decision has been detrimental for him and therefore the judge needs to step in an intervene. If you have any questions and/or need assistance with you case please do not hesitate to contact me.

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