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Sole Legal Custody; Child doesn't want contact w/biodad

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promom

Junior Member
Ohio; What is the age where a child can say he doesn't want contact with a noncustodial parent? My husband & I have sole legal custody of a child who we have had( as a foster child) since his birth in 10/2000 but were awarded custody after a lenghty (4.5 years) legal battle with the biodad. This child has never lived with either bio parent (the mother gave up rights), and has been with us since he was 2 days old. The father has 1 visit a month at our home & 1 phone call a month from the child. He is disabled (blind) & also has a bad criminal record.The child refuses to talk during a phone call & hangs up when the father demands that he talk. This has been very upsetting to our family. We tried for adoption, but the court would only give us legal custody (which has been a nightmare).This little boy doesn't want contact & it has been causing difficulty in our marriage...much stress over this problem...my husband says to give the guy a chance, the court order was just a "guideline" & I say make him stick to the court order for visitation dates & times, which he changes almost every month, if he even makes it. What age can this little boy legally request that he doesn't have to have contact? thanks; I know this all sounds confusing, you can imagine what it's like for us!:mad: we are in OHIO
 


acmb05

Senior Member
Ohio; What is the age where a child can say he doesn't want contact with a noncustodial parent? My husband & I have sole legal custody of a child who we have had( as a foster child) since his birth in 10/2000 but were awarded custody after a lenghty (4.5 years) legal battle with the biodad. This child has never lived with either bio parent (the mother gave up rights), and has been with us since he was 2 days old. The father has 1 visit a month at our home & 1 phone call a month from the child. He is disabled (blind) & also has a bad criminal record.The child refuses to talk during a phone call & hangs up when the father demands that he talk. This has been very upsetting to our family. We tried for adoption, but the court would only give us legal custody (which has been a nightmare).This little boy doesn't want contact & it has been causing difficulty in our marriage...much stress over this problem...my husband says to give the guy a chance, the court order was just a "guideline" & I say make him stick to the court order for visitation dates & times, which he changes almost every month, if he even makes it. What age can this little boy legally request that he doesn't have to have contact? thanks; I know this all sounds confusing, you can imagine what it's like for us!:mad: we are in OHIO
A court order is NOT a guideline. It is an order of the court and must be followed.

The child can decide when he is an adult at the age of 18
 

Ohiogal

Queen Bee
At the age of 18 a child can decide not to have any contact -- until then the court order controls. And the court order states dad has visitation therefore dad gets visitation.
A court order is NOT a guideline -- it is an ORDER. Meaning it must be followed. If it states dad gets the third Saturday of the month from 1 to 4 pm then that is the time dad gets. However if dad has a good reason for not being able to attend that time it does not hurt to work with him. YOU CANNOT ENCOURAGE THE CHILD NOT TO HAVE A RELATIONSHIP WITH DAD. You have a legal obligation to encourage dad and child to have a relationship. You really do.
END OF STORY. If you do not encourage the relationship and follow the court order dad can sue for contempt.
If you are found in contempt, the Court may impose any of the following penalties:
FIRST OFFENSE: A fine of not more than $250.00, a definite term of imprisonment of not more than 30 days in jail, or both;
SECOND OFFENSE: A fine of not more than $500.00, a definite term of imprisonment of not more than 60 days in jail or both;
THIRD OR SUBSEQUENT OFFENSE: A fine of not more than $1,000.00, a definite term of imprisonment of not more than 90 days in jail, or both.
 

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