McKinney, TX asked in Family Law and Child Custody for Texas

Q: My son doesn't want to go with his father. His father seems to not care, wont talk to him and just leaves. What do I do?

The past two times my son freaked out and didn't want to go with his dad when it was time. The first time I got him out of the car and presented him to his dad. My son ran back in the car and put his seat belt on begging me to leave and not let him take him. Dad came to my car and tried to get him out. I asked him "why is he afraid to go with you? Are you beating on him or molesting him?" Dad just shut the door and said "OK" then left. Made no further attempts to get him. The second time a few days later my son started throwing up when I tried to get him out the car. I asked my his dad for a towel to help clean up my son. When I turned around, he just left as if he didn't care. To this day, he hasn't called or text to check up on my son. Every time my son freaks out I ask him to come talk to him to calm him down and he refuses. He won't talk to him at all. I'm concerned for my sons safety and well being. I video record everything so I have a record of events.

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1 Lawyer Answer

A: I would suggest you try to change the time and place of your exchange of the child to the child's school or daycare or some other neutral site. For example, you would drop him off in the morning when school starts, and his father would pick him up in the afternoon when school recesses.

And never, never ask "Why is he afraid to go with you? Are you beating on him or molesting him?" in front of the child at an exchange of possession. That can easily be interpreted as an attempt to alienate your son from his father.

Elisa Reiter agrees with this answer

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