My daughter will be 12 in January and her non custodial father, whom she doesnt have much of relationship with anyways, upset her bad recently. He is in Wisconsin, we are in Okalhoma, she was born in Texas. She has never resided in Wisconsin but child support is there. No custody arrangemnets ever. I just worked with him on visitation. But now, after she asked him not to he got a lawyer and wants to have legal visitation rights. This was thrown out of WI court last time he did this. Judge said WI didnt have juristiction? if for some reason it works this time, and he wants to make her come to see him and she doesnt want to, I wont make her. Any one know the age that she can tell the court this? And it actually matter. She doesnt want anything to do with him...
2006-10-25 03:01:55 · 7 answers · asked by Jenny A 1 in Politics & Government ➔ Law & Ethics
let me stress to everyone saying she needs a daddy, my husband has been her Daddy since she was 3.
2006-10-25 03:27:40 · update #1
Each state is different. 12 might be okay, but a child is better to have a father than not most courts believe. The general age is 14 in the 3 states I practice in and none are WIsconsin, Texas or Oklahoma. You should file in your state or to transfer it to your state regarding interstate compact and that the child has resideded there.
I would need to know the custody order and where it was from. If it is Wisconsin, then they do have jurisdiction. You should transfere it to where you are.
It makes little sense logically unless there is abuse that the child not see the father or if the father has no contact with the child. I wish you the best of luck as there is no good choice in these things. You can email me at cygold18@yahoo.com if you have any follow up.
2006-10-25 03:14:04 · answer #1 · answered by Cy Gold 4 · 0⤊ 1⤋
I understand where your coming from, on many levels.
Because you live in OK, that would be the correct jurisdiction in which he would need to file, because the child doesn't live in wisconsin, she is an oklahoma resident. That's what the jurisdiction question means.
About the visitation: I respect that your daughter doesn't feel attached to him. The court will take that into consideration, but that does NOT mean that they will not give him visitation. If the court does, you WILL have to comply with the order, or face (maybe) contempt charges, and now, some lawyers say that parents who won't let their kid go see the other parent are abusing the kid by doing so, and get the custodial parent in trouble like that, so think about it.
I know it sucks a!ss.
You can't really do anything in advance about this, but I am curious about how the child support order is from a court in wisconsin. If you have submitted to jurisdiction by this, the father MAY be able to get the other issue in that court. What you should do now is call up first to find out abuot the child support order (get a copy) you can call your county or state child support enforcement agency . Then, call a lawyer. If you can't afford one, call up the county bar association, they will tell you where to go to get one without paying.
I hope this helps, I can't really give you specific legal advice because I am a NYS lawyer, but good luck.
2006-10-25 04:14:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If dad petitions the appropriate court for court ordered visitation the court will consider the matter. At 12, your daughter will be allowed to advance her views (either to a judge, investigator, psychologist, guardian ad litem, etc. depending on court practice) but they will not be determinitive. She may not want anything to do with him because she doesn't know him. She may be, most likely will be, better off if she has SOME direct relationship with her father.
Children are compelled to do things they don't want to do all the time, because it is in their best interest. Otherwise they'd never go to school or to the dentist.
My suggestion is to defuse the issue -- & save everyone a lot of $$ & grief -- by mediating the matter, and/or by arranging for daughter & father to spend some time together before formally or legally altering the custody & visitation. 12 years is prime anger & tantrum time. But there are three people involved, not just her. You're the mommy; she's still a kid, not the boss. Make her do what's best for everyone.
2006-10-25 03:18:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your best bet is to go speak with a lawyer. Usually they will do this at no cost. If child support is in OK and the child lives in OK, then jurisdiction is in OK. The father would have to petition the court the child support order is from in order to modify that order to include visitation. However, you must check your state laws as well, as each state is different in what they see as age being "competent" to have a say in what happens to the individual. I do know that at the age of 12 here in NY, the Judge will consider the minor's testimony.
2006-10-25 03:17:23 · answer #4 · answered by Athera78 3 · 0⤊ 0⤋
If the courts say he gets visitation you have to make her go. Thats the law. However, at 12 years old she can have her say in court. I suggest it happens with the judge and court recorder only. You and her father should not be present so as not to intimidate her. Both of you need to agree that whatever the decision is, you both will abide by it. And whatever she says to them that it won't be held against her, EVER!
2006-10-25 03:09:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
13 years of age. And even though she may not want to see him now. There will come a time in her life when she does. She needs her father.
2006-10-25 03:19:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you need to see a lawyer for all details like this
2006-10-25 03:09:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋