jellybean12
07-29-2006, 04:31 PM
My parents just got a divorce. My mother was granted sole custody of my 15 year old brother and my father has been granted supervised visitation. My brother does not want to see my dad, get emails from him or talk to him on the phone. Since he is 15 will that be ok or will he be forced into the situation? Will the courts make him do anything? (He doesnt want to see my father because the last time he did my father was attempting to kill my mother by strangling her. My brother stopped him.) It doesn't seem fair he should have to see my dad if he doesn't want to. He is not being irrationg in his hatred for my dad he has done a lot of really bad things and he is a terrible father. Any thoughts are greatly appreciated. My mom seems confused, I know my dad is confused and I just want to protect my brother.
turbowray
07-30-2006, 12:46 AM
My parents just got a divorce. My mother was granted sole custody of my 15 year old brother and my father has been granted supervised visitation. My brother does not want to see my dad, get emails from him or talk to him on the phone. Since he is 15 will that be ok or will he be forced into the situation? Will the courts make him do anything? (He doesnt want to see my father because the last time he did my father was attempting to kill my mother by strangling her. My brother stopped him.) It doesn't seem fair he should have to see my dad if he doesn't want to. He is not being irrationg in his hatred for my dad he has done a lot of really bad things and he is a terrible father. Any thoughts are greatly appreciated. My mom seems confused, I know my dad is confused and I just want to protect my brother.
Is there any way your brother could contact the judge that gave your father supervised visitation, by letter, to see if the judge would not go after your mom for him failing to show up for these visits? Would your mom go to court to see if that can be changed? Your brother is old enough to know who he wants to see and not see, the deal will be getting it on paper so the dad can't accuse the mom of making this happen. Good luck to you, and I am not a lawyer, these are just my opinions.
mommyof4
07-30-2006, 10:40 AM
What will have to happen is that your mother will have to file to modify the custody/visitaiton. Your brother is old enough to express his wishes to the judge. However, the judge is not obligated to rule based on his wishes. But as long as the court order says your brother visits your father, that is what he has to do.
What will have to happen is that your mother will have to file to modify the custody/visitaiton. Your brother is old enough to express his wishes to the judge. However, the judge is not obligated to rule based on his wishes. But as long as the court order says your brother visits your father, that is what he has to do.
Normally that would be the best thing to do, however, I suspect that a modification cannot be done at this time for a couple of reasons.
One- OP says the divorce was recent.
Two- OP says that Dad was given supervised visitation.
Three- With supervision being a part of the order, my guess is that Dad's problems and son's wishes have already been brought up in court and considered by the court.
Four- Even at OP's brother's age, the court will still allow visitation at least for awhile, because court's won't just remove all visitation rights at original hearings.
OP: Your Mom needs to follow the court order and send your brother for visits. She needs to keep a complete journal on the visits, phone calls, e-mails, etc. Then later she can try to modify. But sorry, until a modification can be done or until your brother turns 18 the court order has to be followed.