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My 15 year old sons father has suddenly stopped all visitation/contact. Its been 7 months.
Anonymous4 views4 answers
I have been divorced since my son was 6 months old. He is now 16. His father legally has every other weekend visitation. I have full custody. About 7 months ago his father stopped all visitation along with any communication. We attempted several times to contact him - along with his family. No response. I have left it alone. My son has indicated he is not interested in seeing him. My son is very healthy and happy - honor roll student. This has not changed. My concern is his father suddenly showing up. Does my son have any rights to refuse to go with him. Can his dad just show up and take him for the weekend? If something happens to me - would my son have to live with his dad?
There is no basis here for termination of parental rights, but the best thing you can do is nothing. If the father has been absent for 7 months, you are under no obligation to reinstate visits without some form of reunification, although at your son's age, this might not be needed. You are also not required to force your son to go kicking and screaming to be with his father and you son is old enough to make his wishes quite clear. The longer his father is away, the less likely your ex will be able to reinstate visits without some degree of difficulty.
Head back into court, with an attorney, to terminate the biological father's rights. All contact stopped is a likely sign of abandonment. Your son is protected by you being proactive. Do not be a victim. Act.
The only real option to possibly help you in this situation is an adoption. It will be tough though if bio dad objects. I am not sure if that is a road you want to go down or not, but if so talk to an attorney.
Regretfully, as attorneys we can advocate for your clients to have visitation time with their children; however we cannot compel parents to actually spend time with their children.
In your case, per order of the court, your child's father still has a court ordered right to see him; however as you have mentioned-- circumstances have changed. Hence, you need to file a Petition to Modify Visitation and bring the current circumstances to the attention of a judge and document what is happening.