Would a judge listen to a 9 year old speak of visits with father?

  • Thread starter Thread starter dallasmom29
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dallasmom29

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My ex & I are going to court next week for visitation modification. We went to court & through mediation we agreed on an emergency summer visitation schedule. So we will be returning to finalize the rest of the year along with future summer visitations. We live in Dallas and his father lives in Houston. Before this past summer's visitations he hadn't seen or visited our son since Aug. of 2008. And maybe two weekends prior to the August visit within the same year. In the past years the father would come to pick up our child maybe a total of 3 weekends if that, a year. This has been going on for over 5 years. Our son will be 10 come November. His father has never been consistantly involved in our son's life since he was an infant. He takes weekly immunotherapy shots & has asthma. Father has little knowledge if emergency arises. Our son would like to speak to the judge about his feelings on the summer visit and future visits. What is the possibility of him speaking and having somewhat of a say of future visits? I have since remarried and have been married for 5 years. My son see's my husband as his true father and not his biological father. I have always been honest as to where he came from. He understands that very well. But the bond and time that he has spent and shared with my husband is like no other. In fact, my husband (who my son calls daddy) has been in my son's life more than his biological father. During the summer my son told us that his dad was smoking around him. Knowing that our son has asthma and severe allergies his decision to endanger the health of our son is very questionable to me. He also kept our son from taking his daily meds twice during his stay in Houston. These are more reasons as to why I am looking to get his visitations either supervised or shortened to the maximum allowed. Does anyone have any legal insight as to who to deal with this coming issue. ( I am in Texas so obviously only Texas laws would apply!!)
Thank you very much!
In addition, does anyone know as to what is the minimal amount of visitationss that can be granted? Not that I suspect the father would be visiting more than he has in the past, but one never knows, huh...
 
Yes he definitely can talk to the judge and it will be in closed chambers. Talk to your lawyer and let him or her know what is going on.
 
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