My son is 14 and I have sole custody with the father having visitation (if both parties agree) but that has not happened in 3 years. Father also ordered to pay child support but I did not process the paperwork hoping he would just stay out of our lives. Father just now calls after being absent for 3 years and threatens to take me to court because I won't allow any visits. I got sole custody due to drug use and he has never been clean long enough to produce any documentation/verification of having been clean for at least a year which is what I asked for 3 years ago before I entertained any visitation. My son has had a rocky road and there are a lot of anger and resentments that came out from therapy and counseling and medication. For the first time, I have my son at a good place in his life to where he knows rules, boundaries and consequences. I'm afraid that will be washed down the drain should his father try for visits. Plus, my son says he doesn't want to see him because he hurt him enough. My attorney says to do nothing, disregard the phone calls and let him come after me. He doesn't have any money and owes his attorney from the divorce. Plus, my attorney says that the hurdles are on him to jump to prove he has been clean and sober which I know he has not. He has lucent moments here and there but never long enough and I don't want to take my son back down the road of false hopes and promises that were broken before.
Should I in the meantime go ahead and file paperwork for child support knowing that my son isn't seeing his father and doesn't want to?
Your lawyer is right. You don't have to do anything. That's not the way it should work but that's the way it will work in your case because he won't have the wherewithal to fight for his parental rights.