Child custody in Indiana/ Parenting obligation

[Mpulse]

Morning all!

My ex-wife and I have two children, one presently living with her , the other with me.

Our seventeen year old son made the decision to move in with me back in February. He had some issues with his mom and the move was designed to be temporary. At the end of the designated time it was decided he would remain with me, which both myself and my ex felt was the best decision.

I have continued to pay child support since that time on both children. My ex spoke several times of reimbursing me but it never happened. I finally decided to petition the court to stop the payment to her (Regarding the son living with me now).

After receiving the paperwork she has been trying to sway my eldest to return. Personally, from a financial stand point I think he would be better off with her (Only in that aspect) but he adamantly refuses to even consider it. He basically hates her and does not even want to see her.

I filed the paperwork myself and I am not in a position to retain legal counsel for this. She does not have that problem and has sought legal representation (With a friend in the law profession).

Anyway, my two questions are: MY son is presently at his mothers for co- parenting time (Reluctantly) and sent me an email saying his mother took him to see his attorney yesterday. He only waited in the waiting room but the attorney's secretary said she will want to see him in her office later. Is that legal? I understand she would want to talk to him in court but I can't imagine any reason to want to see him in her office without any representation on his side.

The other question: As I said my eldest son is seventeen. He has told me repeatedly that he does not want to see his mother, he does not want to have co-parenting time with her because all he has for her right now is anger. I have been told that at the age of seventeen (For boys) they have the right to refuse going. I don't feel that is true. Any clarification??

Thanks in advance,
M

[Giggles]

at the age he is does not want to visit with his mother, nor live with her, he DOES have the right to refuse.  I don't think there is a court in this country that would FORCE him to and she would be just throwing $$ away trying to force him.

As for her taking him to see her attorney...I wouldn't worry about that too much.  She knows she is going to get reduce CS and is fighting it but again is pretty much wasting $$.  I think she is being quite stupid and further alienating HERSELF from her son.  She should just respect his wishes and leave it be....it won't be long before he is 18 and CS ends on him anyway....JMO!

[Mpulse]

Yeah, I kinda figured since he is seventeen that the judge would mostly want to know what he wanted. My only concern with him seeing her attorney is that she is somewhat unethical, or so I have been told. (From my own experiences with her I would be inclined to agree.)

When he moved in with me he was extremely stressed out over it, had trouble with his stomach and high blood pressure. I would guarantee her attorney will put pressure on him to stay with her (Again, It doesn't matter to me, I just want him to be happy) or try to find a way to make me appear an unfit parent.

Since I am representing myself (As I don't have the money to afford an attorney) would I have the right to be present at the time of her questioning my son?

Thanks for the help,

M

[Davy]

The attorney is an officer of the court and as such a member of the good ole girl system.  Imho, under the circumstances it is VERY unethical for this attorney to quiz your son in their lust for winning.  No doubt the attorney is looking for anything they can twist.  They don't care about your son's welfare.  Advise your son to refuse such activity in the future..  

[Mpulse]

Yeah, that is pretty much the way I figured it. My ex and her attorney became pretty fast friends after the attorney found out her family had money. For that matter my ex is pretty fascinated by money as well, thus the desire to keep getting child support and not having the kiddo.

Thanks,
M