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nwhite85

custody

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i am the residental parent an legal custodian an my sons dad gets visation every other weekend an one day a week..but lately his dads has been very mean to him an my sons doesnt want to go there cus hes not happy an hes kind of afraid to go back because his dad recently seen a post that he said he hated his dad an his dad saw it got mad an smashed stuff in his room he wasnt there but still scared my son. then his dad wrote him an said..you an your mom win i give up you dont have to be apart of my family anymore an you dont ever have to come to my house again..so my son got upset an said ok..now his dad is trying to make him come an he dont want to saying that if i dont send him for his day he will call the cops an show up at my house an press charges for contempt of court..can he do that an what can i do since i am residential parent

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You can obey the court order granting the father visitation.  You don't have to worry about the police showing up to arrest you.  Violation of a custody order is done by making a motion to hold the other party in contempt for violating the order, not by arresting the other party.  The father could clearly do that.

 

Also, you might consider taking remedial writing and punctuation courses.  Your son would benefit from your assistance as he develops if you can provide such assistance at home.

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Hi nwhite85,

 

Your ex is probably trying to intimidate you with his threatening to "call the cops." Like RetiredinVA said, the father would have to go to court and file a motion holding you in contempt for not following through with his visitation. That would be only the first step in a long process, and you have no reason to fear that the cops will be showing up at your doorstep tomorrow. If you and your son are afraid of physical violence by your ex, you might want to look into filing a domestic violence restraining order and modifying your custody order to limit your son's contact with his father. The laws and procedures for these situations vary from state to state, so I suggest that you consult with a family law attorney in your area (you can find one using FindLaw's lawyer directory). Good luck!

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As noted in the first response, your post is very difficult to read.  Please use proper capitalization and punctuation in any future posts.

 

Note that, depending on the applicable state law and your child's age (neither of which are identified in your post), the court may give some consideration to what the child wants if one of you brings this matter before the court.

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