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Submitted 815 days ago...

SHAWNBOY312

SHAWNBOY312

New User (1)

Childs rights to visitation

My step daughter is 16 and does not want to go for visitation with her father. Her father currently lives 4 hours away (a move in which he made) and literally forces her to go for every single visitation. She simply does not want to go. Her mother and I encourage her to visit her father but it kills us to see her cry and beg us to somehow let her stay home. Is there anything we can do to at least make it where she does not have to go for every visitation?

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Answer 1 / 8 - Submitted 814 days ago...

kdhiggs05

kdhiggs05

New User (4)

She is 16? I dont think the judge will push the issue. When my parents divorced I was 14 and hated going to my dads house and my mom didnt make me go. The judge did nothing. If I were u I would NOT make her go. It will cost him more money than what it is worth to try and hold you in contempt of court!

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Answer 2 / 8 - Submitted 783 days ago...

LindseyLira

LindseyLira

New User (2)

It is slightly different from state to state, however, most states have adopted standard parenting time guidelines. These usually stress the importance or flexibility and communication as the child grows and needs change. In our state, generally, the child’s wishes become important around 13yo but a judge may choose to hear from a younger child at his discretion. It is generally accepted that teenagers have advanced social needs, friends, activities on the weekends that would prohibit full weekend visitations every other weekend. Most guidelines strongly advise parents to work together to find creative solutions for this and there is usually some cooperation on the noncustodial parent's part to come to the child's community for dinner and to hang out for part of the weekend without robbing the child of all their potential plans. You can Google "your state name parenting time guidelines" to search for what is likely being used as a standard for your state. As for what age the child's preference is respected, that is usually established on precedence, but almost always younger than 16yo. I think you can safely address your daughter's needs without worry of legal repercussions as long as you work with her father in advance to come up with solutions and can show a judge you are doing this in good faith.

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Answer 3 / 8 - Submitted 781 days ago...

airforcemom

airforcemom

Expert (828)

Talk to her dad, he should understand she is 16, has sports, dances, & dates.
maybe make it only once a month, & let her take girlfriend with her.
She needs to do the talking though , or he will think it is you putting her up to this.

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Answer 4 / 8 - Submitted 776 days ago...

realtygirl1

realtygirl1

Beginner (58)

You should contact a good family law attorney and ask them about petitioning the court to modify the present visitation. Most judges will let a 16 year old speak for themselves and will consider what is in the best interest of the child. A good attorney will tell you whether you have a case or not. Having been a guardian ad litem for years, I think you have a good case. At that age, having to travel that far would not be considered to be in the best interest of the child. I have seen judges modify this type of situation many times. A judge could change it so that her father must travel to visit with her if he wants to see her. You would have to show that this is not a good thing, not just that it's inconvenient.

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Answer 5 / 8 - Submitted 487 days ago...

SpringTime

SpringTime

Contributor (102)

Nope, if it is in the paperwork he gets weekly visitations or whatever the schedule is, she needs to go.

the only way out of it is to amend the paperwork to not let him have visitations anymore, which probably wouldn't go through

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Answer 6 / 8 - Submitted 427 days ago...

momz321

momz321

Beginner (23)

You cant make the child go thats just child abuse

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Answer 7 / 8 - Submitted 205 days ago...

kidsRgreat09

kidsRgreat09

Beginner (45)

Right now my ex is trying to get me with about 15 cts of contemp and they are all lies .
i have proof he disapeared and have his statment on a taped call etc and lots of other proof so now I have to get a lawyer because my court date is sept 8th and come to find out i already used his lawyer yrs ago , so isnt that Conflict ?
I have to file A contiuance or hire a lawyer now to nail his butt to the wall .that will be 2000 to start .

Thanks

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Answer 8 / 8 - Submitted 205 days ago...

ALVITAR

ALVITAR

Beginner (11)

Really before deciding on how to proceed you need to know her reasoning for not wanting to go. Is Dad abusive? Ar there drugs or alcohol involved? At 16 friends and social situations are more important than Mom or Dad and unfortunately children will use the divorce to pit one parent against another in order to get their way. If there are no circumstances that put child in danger you need to continue to encourage her to spend the time with Dad. If she truly feels she does not want to commute that often then she, as a 16 year old, needs to communicate that to her dad and THEY can figure out a compromise.
Ultimately a child needs both parents and the courts recognize that but they also take into consideration the preferences of a child that old, so if absolutely necessary you can always seek the advice of an attorney.

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