Bryant, AR asked in Family Law and Child Custody for Arkansas

Q: I'm primary custodian & my 13 yo doesn't want to go to his dad's for c/o visitation anymore. Do I have to make him go?

His dad and I have been divorced since he was 2 yo and have a standing custody order/visitation agreement. His dad always has friends over, parties all the time, openly smokes weed with all of his friends in front of my son and his other kids. When he has my son on school nights, my son goes to school smelling like cigs and weeds so bad that the school has called me. My son does not want to go over to his house anymore but when he tells his dad this, his dad gets mad and violent (not towards my son) and then tells my son I'm filling his head with all kinds of crap and guilt trips him into staying. I don't know what to do because I don't want to force my son to go over there but I also don't want to get in trouble with the court and risk losing my son over this. Please help.

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1 Lawyer Answer
Stewart Whaley
Stewart Whaley
  • North Little Rock, AR
  • Licensed in Arkansas

A: Yes, you have to make him go.

Ask the court to drug test dad (assuming you can pass one).

Petition the court for a modification of the custody/visitation order and stress the failed drug test.

Generally, courts don't like to stick kids in the middle of a parent-fight.

But with a 13 y/o and the facts alleged, a judge might want to hear directly from your son.

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