Submitted by sunshine1 on Mon, 10/03/2011 - 12:02
My kids are 18 and 14 and their father by his own choice hasn’t been in there life for 13 years now, but now he is wanting to be part of their life. my youngest son has no idea who he is and really doesn’t want this to happen. He has said he will take me to court to get the judge to have the kids go with him. So my question is, can the judge make my youngest son go with him even though it’s been so long and he has no idea who he is? I know my older son doesn’t have to go since he is 18 and its really his choice now. could you please shed some light on this.
Visitiation rights for previously absent parent
The short answer with respect to your 14 year old is maybe. The Judge has to look at what is in the best interests of the child in making a determination as to whether a absent biological father is awarded visitation rights. The Court would likely appoint a Guardian Ad Litem (likely at Father's cost) to determine if the child should have contact with the father and if so, how to implement such. The child's father isn't going to immediately have significant time with your youngest son. The Court might permit the Father to communicate with the child via letter and phone calls at first with an in person meeting if the letters and calls go well. I would be happy to consult with you if you would like more information. Please visit my web site at berid-schutzbank.com if you wish for more information.
Visitation after absence
I agree with Attorney Schutzbank. Your ex-husband has a right to request visitation with his children. However, you have the right to raise any objections you have to that visitation and to raise any other issues that are relevant to the overriding concern of the court: the best interests of the child. You can follow this link for more information about a guardian ad litem.