Do I have to send my son to his mother’s house for visitatation if I feel that it is not in his best interests?

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Do I have to send my son to his mother’s house for visitatation if I feel that it is not in his best interests?

He states she is always sleeping and there is never enough food. Bsically, he never wants to go to her house anyway. I do have primary physical custody of him.

Asked on December 7, 2012 under Family Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would need to immediately get the court to intervene by seeking an amendment to the existing custody and visitation order on these grounds of child neglect. You may wish to file a police report because the basic facts you have given could be sufficient to bring a charge of either or both child neglect or child endangerment.  The court will always look for the best interests of the child and if the court has sufficient evidence brought before it to sustain an order of contempt against the mother, it will so order an amendment to the existing order.


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