Question:
I am taking ex to court to have child support raised. In retaliation to this, he has told our 12 year old that I am a liar and has been showing him all the court documents that he has and highlighted all of my “lies”. The 12 year old believes his father can do no wrong. When my son called me the other day he kept asking me why I lied and why I was trying to ruin their lives. My Son went back to his dad last Monday and he now wants to stay there and that his dad will take him back and forth to school. My question is, do I let him stay or as per our custody agreement tell him he needs to come home? Would this look bad in family court if I let him stay the week? I don’t want my child to be under his influence, but it is his father. What should I do!?!
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Answer:
You should consult with a local Saratoga family law attorney. My advice is, that if there is an order, it should be followed, unless and until it is modified (I.e. your ex should return your son). If he does not, then a custody enforcement petition may be appropriate. As an experienced Saratoga Family Law Attorney I recommend that you file an Answer to your Ex’s custody petition, outlining how he has informed the child of support proceedings, and how that has affected the situation. While further facts may be necessary, I believe that this could be parental alienation. The courts may consider this negatively in assessing whether or not your ex is an appropriate primary custodian. It may also be appropriate to seek counseling for your son, to address the adult matters that his father has involved him in.
If your ex is telling your children about the custody support arraignments, contact our experienced Saratoga Family Law Attorneys for strong legal advice.
This legal question was provided by a Avvo and answered by Jennifer Sunderlin Morton an experienced Saratoga Family Law Attorney. This does not consent an attorney client relationship.
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