What is the law in CA when it comes to a 13 year olds right to choose not to visit...

[calipriss80]

...bio dad? My ex-husband has had little to nothing to do with our son who is now 13. My husband of 11 years is the only "real" father our son knows. Because of a possible increase in child support, my ex now wants visits. Might i add that the last time he saw our son was well over a year ago when he kicked him out of his house and told him(my son) that he knew how to reach him if he wanted, then moved 4 hours away! The judge has appointed an attorney for my son but the attorney refuses to give a detailed account of what my son tells him. Instead, he says what he feels is "in the childs best interest". My son has only had two 15 min appts with this attorney mind you. How can we get my sons voice heard in court? He already has a therapist that has made reccomendations. Still the court will only listen to this appointed attorney. Please help!

 

[Stormy S]

There is no law. NO court in any state will force a child to visit with their non-custodial parent if the child doesn't want to. The visitation order is there to keep the custodial parent from not allowing the child to visit the non-custodial parent, not to force the child to visit. By law your son's ATTY can not tell you what goes on in his meetings with your son. That is protected under the right to privacy act. The court is only going to take into account what the lawyer says because the court is not dealing in emotions, it is dealing in facts, however the court will take into account any records concerning your son submitted by the therapist as well as the lawyer. Your son's lawyer can not make a judgment on the case because the lawyer is NOT the judge. YOU can not keep your son's father from having visitations with his son no matter how far he has moved away. If YOU try your son's father can take you to court and you will be found in contempt and could very well be placed into custody (jail) and then your son would be placed into the custody of his father since your current husband has not adopted your son.