My daughter 12 doesn't like to visit with her father. Have had a lot issues in the past. She dones't want to be forced to visiting every weekend. I just want to know what her rights are and does she legally have to go. We live in Maine.
2007-01-27 04:01:49 · 23 answers · asked by Fish3 1 in Pregnancy & Parenting ➔ Parenting
18. when the parenting plan is no longer in effect.
otherwise you have to go to court and have it ammended
2007-01-27 04:06:27 · answer #1 · answered by krazzy_kidd1974 1 · 0⤊ 0⤋
Unfortunately, the law does not respect the child's wishes with regard to visitation. Not at any age. CUSTODY is a different matter. Once a child is old enough to speak clearly their reasons for wanting to live with one parent versus the other, the Court will take their wishes into consideration.... regardless of how young they may be. But visitation is a completely separate matter. The other parent is entitled to spend time with the child. Neither the custodial parent or the child can deny him that right without just cause. (abuse or neglect)
A better option would be to get her involved with some extracurricular activities that might take up some of her weekends. Not only will this give you an opening to "renegotiate" the visits with her dad, but it will get her involved in things that could be really good for her. As she gets older, her schedule and responsibilities (high school activities, sports, work, etc) will need to be worked out between you... might as well start now!
2007-01-27 12:45:22 · answer #2 · answered by Amy S 6 · 0⤊ 0⤋
12
2007-01-28 13:11:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The courts don't consider child support payments a bargaining chip to see your child. Not making child support payments does not excuse the custodial parent of honoring the visitation agreement nor does not honoring the visitation agreement excuse non payment of child support. In most states, the age that a child can sign the necessary paperwork to state which parent they prefer to live with (which a parent has to file) is 14. In order for the child to request that they not have to visit a parent at all is very complicated. I have only known one person who did this and she sent her letter to the judge. She was 16 when she did it and the judge overturned the visitation orders. I live in Texas and have never heard anything like it, but I work in a law-related business and have learned that judges have a lot of discretion.
2016-05-24 05:24:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I have fought in two states, OH & WV, I won both of them. My son was 14 my daughter was 13. Our state says at the age of 14 a child can choose...however, depending on the maturity of the child, the reasons brought forth to the judge, as young as 12 may be allowed a "one on one" or "face to face" interview with the judge either in his chambers (which is the choice our judge made) or in the courtroom. Most states the age is between 12 & 14. Since your daughter is 12 I'd say it'll be well worth your effort to file a motion in your courts jurisdiction to modify your parenting agreement, or make an ammendment to your divorce order whichever it's called in your state. When is her birthday? Courts take time giving you a court date. It will be even better if your daughter was 13 at the time of the court hearing. I took my daughter and son to a therapist who could determine the reasons for wanting the change. It takes a neutral party to prove to the judge here that the parents aren't interferring with the childs thought process. aka brain washing
Good luck!
2007-01-27 04:12:17 · answer #5 · answered by luv2bake 4 · 0⤊ 0⤋
In most states a child can choose which parent to LIVE with at age 12, but it still has to go through the judge...they have the final say, unless the parents can agree. As far as visitation I don't believe that unless there is some kind of abuse going on that they should not spend time with the other parent. As her mom you need to sit them both down and find out exactly why she doesn't want to go. How about family counseling? This might help their relationship. At 12 a lot of kids are too immature to make this kind of decision.
2007-01-27 04:08:27 · answer #6 · answered by Ryan's mom 7 · 0⤊ 1⤋
Legally....she has to go if the visitations are set up with the family court systems. Unless there are problems that need to be addressed with both Father and Mother to be present together, maybe at a lunch outing or something, find out what it is that daughter needs to get out of her system and come up with a resolution...there might be something really serious here as to why your daughter is reluctant towards seeing her own father...try talking a little more with your daughter and get to what more of the real roots are to the problems and take it from there...Good Luck and hope things aren't as serious as they may seem. Her nurturing without both of her parents, is a really difficult time to conquer as she grows into her teen tears.
2007-01-27 04:11:08 · answer #7 · answered by Rmprrmbouncer 5 · 0⤊ 0⤋
In most states a child can decide at the age of 12 but that may only apply to which parent they want to live with. what i would do is contact your attorney and ask them. they will be able to tell you your rights in your state. then if they tell you that she is of age to make that decision then go in front of the judge and let your child tell the judge what she wants. Legally her father dose have the right to see her if there is a court order and the only way to let your daughter make that decision is to let her talk to the judge and let them decide. If you allow your daughter to stop seeing her father without permission from the judge then you could be held in contempt of the court order.
I hope that this helps you.
Amy
2007-01-27 04:56:34 · answer #8 · answered by Amy L 2 · 0⤊ 0⤋
I think at that age she does have to go. I would think states all have different rules?
We did send my 13 year old clear across the country to see his father, the kid really wanted to see him. His father would not come over here to see him. He has been so good since he got back!! The grass is not always greener.
As far as your problem, I went through this one too (when the kids were younger and ex lived in our state). Sometimes kids will say they do not want to go to make the other parent feel better. Ask her counselor she must be seeing and see what a professional says....If she does not have a counselor why not? Get her one. I feel this is a horrible situation for any child to go through....
2007-01-27 04:09:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If you have not been to court and the father has not asked for visiting rights then she certainly does not have to visit him, if he takes you to court for visiting rights then the judge would decide what's best. This is a really difficult situation, but unless the court made an order for now your daughter only has to say no.
2007-01-27 04:07:22 · answer #10 · answered by sicilyuk 3 · 0⤊ 0⤋
ok why did that girl answer "hi" wierdo. The father has all the right to see his daughter but if your daughter does not want to see her father then you have to go to family court and she has to tell them her reasonds and if they find it resanoble enogh then they will fix the visiting day's. Basicly its the court decision to see what its best for your 12 year old. Now, just for you to know, when a girl is in her teenage years, a father has a hudge influence in her life. Now I don't know why she doesnt want to her Dad, but according to many studies a Father influences a whole lot in a teenaguer.
2007-01-27 04:09:51 · answer #11 · answered by Mean What you Say and say it 2 · 1⤊ 0⤋