dads visitaion rights

[frustrated dad]

My son is 10 years old and lives with his mother, here in Spain. He has been visiting me reguarly for 2 and a half years. I live with my girlfriend and his mum lives with her boyfriend. We have both signed a mutual acuerdo and are waiting to divorce. Visitation is listed in the agreement and I see him every other weekend and half the holidays. I have not paid maintenence for 2 years as I can´t afford it. Last week my son told me he didnt want to visit my house anymore as he hates my girlfriend but that he still wants to see me. My wife has now stopped visitation stating that it is my sons decision. I denounced her for this and she then denounced me for not paying maintenence. If my son doesn´t want to come to my house can I insist that he comes as he is only 10 years old or can he make his own choice. I don´t want to upset him further but I want to see him. Can I choose when I see him if he will not stay the night in the house or do I need to go to court to change the visitation times.

[Patricia]

Hello Frustrated dad,

Please accept our apologies for this late reply and we hope you have been able to solve the situation and that your son is happily visiting you.

By Law, a 10 year old child cannot decide to stop his father´s visitation rights. You can claim him to continue the visits, and even go to court to report the matter. In the meantime, you should not stop the visits, seeing him temporarily out of the house or when your partner is not with you, in order not to break the father-son relationship, which your child has not refused to have.

Once you settle the divorce accordingly and with a court ruling in hand, where the visitation rights, days and times will be indicated by a judge, your son and your wife will have to respect that agreement. Only in the event that your ex-wife could prove, before the judge in a trial, that the visits are affecting your son, causing psychological or physical damage, the visits rigths would be stopped.

Regards,