Is a 10 year old able to decide to terminate visitation w/ her dad?

Question

We live in Ohio. Since January (IT'S AUGUST NOW!!!!) we have been fighting head lice... it has been Dr. proven that she is clean when she leaves my house and is infested when she gets back from the weekend so I know the bugs aren't at my house! She is tired of the treatments and combing and cleaning and just doesn't want to go through it anymore; school is getting ready to start and she doesn't want to miss school. It isn't that she doesn't want to see her dad or step mom, she's just tired of the bugs. They don't have a problem with the bugs (I guess they're used to them?!)

Can a 10 year old make the choice to stop going or do I have to make her go? Do I need to get a lawyer to adjust the visation order to have it be leagal or can we just let them know that she doesn't want to go?

He does pay his child support ($42/month!!!) but has never provided the court ordered health insurance for her. We have been divorced since she was 1.

I have talked to them about it... they insist that she isn't getting them at their house. They get VERY defensive about it!

To answers adict: the county health dept. for where they live is telling me that they do not do in-home inspections... who else can I call?

Answer 1

Talk with your Lawyer, also everyone meet in a nuetral place.... Let them know you need to talk...Start off with something like "Look I know we've been thru this BUT" or This is what's on my mind". Have the papers from the Doctor...INSIST that they have the house cleaned or there will be NO MORE visits until the matter is resolved(if you go this route...inform your Lawyer first). Keep your calm. If you have to go to court....calmly explain the situation to the Judge, have him/her speak to your daughter, again have the papers from the Doctor. Sometimes a Judge will step in and order an Inspection from Social Services(sanity,health risks etc)...keep all the receipts from the Head Lice medicine and have him pay for it.
Good Luck

Answer 2

This depends on what all previous agreements and court orders state. For the most part however a 10 year old can not unilaterally terminate a parents visitation rights. You can deny visitation based on health and sanitation concerns but you will be required to justify your actions and you had better be able to show proof and that you attempted to find an alternate solution before terminating visitation. Document every occurence and repeated occurence so any court appointed advocate or judge will have no doubt that you are working in childs best intrest.
Incidently courts tend to view child support and visitation rights as two seperate issues so as to not give the impression that a parent has to buy the time they have with a child.

Answer 3

I'm going to say that you most likely will need a lawyer and go back to court to change visitation if her father does not agree. The whole situation should really be based on whether or not she is happy. Have you actually talked to him about it though? You might want to make it clear to him that if he doesn't do something, and soon, about the bugs, his daughter doesn't want to see him at his house anymore. Tell him he is most likely going to loose visitation rights, or you may even be able to bring that up in court and get some court based help on forcing him to clean the house.

It's unsanitary. She shouldn't have to deal with it. A 10 year old does not need that kind of drama at such a young age. If it is a health issue you should not be allowing her to be subjected to it.

Answer 4

Well first of all, head lice has nothing to do with cleanliness or being dirty. Those nasty little bugs live and thrive on the most common things, like sand at a playground, another infested child, or sometimes pet... Have y'all thought about places she frequents with her father and step-mother? Because lice is no indication of unsitary conditions, as they can be just about anywhere, teh court will probably NOT grant you stops in visitation based on just that. Taking legal action over something so common will only make things hostlie between all of you, and that's the worst for a child. Anyway, have y'all thought about cutting her hair shorter or puttin gher hair in braids? Lice need crawling space, taught do's won't allow them to tool around and make itchies. I know how your daughter feels!!! When I was in high school I lived with my aunt all like 14 other people in the house. Well, the little ones got lice and then we ALL got them. So, what I did was: I bought one of those brushes with the boar bristles and I'd just comb and comb every morning and night in the sink and they'd just fall right into the sink. The eggs/ larvae that cling to the hair were a bit harder cause I'd have to do it miself holding a mirror and parting my hair at the same time. Anyway, sounds like alot of work... maybe instead of you talking to her dad and step-mom,it should be your daughter that voices her concerns to them. Have her ask them to check her every now and then at their house, to make sure. After all, she's the one that's gong throug this embarrassing phase, they should be responsible enough to help her at their house. Make sure that they wash her stuff separate as well, lice can travel through linens and bedding... I don't know what else to say except that this is just one of those annoying *ss things, that kids go through. Good Luck to the both of you!!!

Answer 5

I would consult a lawyer and let your 10 yr old tell the lawyer how she feels and what is happening........ i would also talk to the lawyer about the insurance he has never gotten for her. I would do whatever it took for my little girl to be comfortable and if the head lice is that bad and she is that upset about it as well as I imagine you are........ then yes, i say get a lawyer involved and have the courts make him do something about the lice problem or per request of his child, lose his visitations and still pay his child support. Good luck.

Answer 6

Before terminating visitation rights, maybe you should try sitting down and talking to her father about the lice problem and how it is affecting your daughters life. Let him know how it makes her feel and how you can all resolve this problem. If he cannot change/fix this probelm for his daughter, then termination of visitation should be brought about in court. Lice is not that hard to get rid of and it should not be that hard to keep a house clean for your children. Who knows what else might be infesting that house that will attache itself onto your daughter? You cannot let her father let the lice problem continue. Your daughters health and well being are the most important.

Answer 7

a 10 year old child is a minor,
so the legal rights would go to the
primary custodial parent, but the
wishes of the child should also play
a key factor in determining visitation
frequency & conditions.

lice is a health risk, and the whopping $42/mo.
in child support from him probably doesn't even cover
the cost to take her to the doctor, so it certainly
doesn't justify putting your daughter thru any
further emotional stress.

if your ex insists on regualr visitation, make it
absolutely clear to him that he is only allowed
to visit her in a public place (park, shopping mall, hotel room, etc.) until he can prove with
certified approval from health inspector that
his home isn't putting your child at risk. if he
is disagreeable with this request, then you might
need to consult an atty to get visitation order
legally changed.

Best of luck to you & your daughter.

Answer 8

then she needs to tell her dad that she doesnt want to go there anymore cant deal with the bugs. If she has to go there have her spray her hair down really good with hairspray, lice like clean heads, and that should help. $42 a month??? Id be going back to court, that doesnt support anything

Answer 9

Contact you attorney and tell them the situation, make sure you have written documentation from the doctor that state she did not have lice when she left your home to go visit her father and that when she came back she had lice. Note every incident of lice.

There are loop holes in every agreement and tell them he has not gotten her insurance that was court ordered, he is breaking the court agreement.

Answer 10

That is always a tough thing for a child. As tough as it will be for her, she needs to talk with her dad and step mom about this. If it comes from you, offense will be taken. Kids have a tough time in heading into these things. They so desperately want both parents to love them and don't want to say or do something that they feel will damage that love. To cut off her time with them will only upset the status quo and she will get hurt even more from the backlash. I tell you from current experience that she will have to set the stage for honesty with dad no matter how much it hurts her or him. It will drive their continued relationship for openness and less miss understanding. If all else fails then take it to the legal step to get resolved.