• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

child doesnt want father

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

hellothere100

Junior Member
What is the name of your state? North Carolina

my husband and i are divorced. we're both military, and we divorced in hawaii. we now live in north carolina and one of our children doesn't want to go to his father's house anymore. he's 17, so he's legally able to make this choice. do we have to go back to hawaii to make this happen, or can we get it settled at a local family court?
 


tigger22472

Senior Member
hellothere100 said:
What is the name of your state? North Carolina

my husband and i are divorced. we're both military, and we divorced in hawaii. we now live in north carolina and one of our children doesn't want to go to his father's house anymore. he's 17, so he's legally able to make this choice. do we have to go back to hawaii to make this happen, or can we get it settled at a local family court?

It is not that easy. The is a court order for visitation and as the custodial parent it is your job to make sure that order is honored. If you do not you can be found in contempt. Children do not get to choose about visitation.
 
T

titansfan

Guest
not untill hes 18

the court order MUST be followed untill your son turns 18, period, end of story. he doesnt get to decide he isnt going to see the ncp untill then.
 

LdiJ

Senior Member
tigger22472 said:
It is not that easy. The is a court order for visitation and as the custodial parent it is your job to make sure that order is honored. If you do not you can be found in contempt. Children do not get to choose about visitation.
Although I wouldn't normally mention this....I do think that there may be a handful of states that allow a child to decide at 17....and there are some judges that won't force a child to visit at 17. So she might not be wrong.
However she definitely shouldn't allow the child to decide without consulting with a local attorney.
 

nextwife

Senior Member
And if your child "decided" that Dad shouldn't "have to" pay child support, would you agree he has the right to so decide, or would you think that it is up to the COURTS to change a court order, NOT up to a 17 year old?
 

casa

Senior Member
hellothere100 said:
What is the name of your state? North Carolina

my husband and i are divorced. we're both military, and we divorced in hawaii. we now live in north carolina and one of our children doesn't want to go to his father's house anymore. he's 17, so he's legally able to make this choice. do we have to go back to hawaii to make this happen, or can we get it settled at a local family court?
Unless you file in court to modify visitation based on your son's reluctance to visit- you are still legally obligated to provide the child for visitation with the father.

At 17, and with teenage angst, it would be wise to consider counseling for your son. It's better to find out what the issues are with the father and work on them- than to just give up on a very important relationship between father & son.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top