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My daughter's rights

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RoseofSharon71

Junior Member
I live in West Virginia, and my children, 13 and 16, have lived with their dad for the last few years (but not because I am a bad mom). I live 2 1/2 miles from them, and without getting into the MANY details, my 16-year-old wants to decide when to come with me outside of the visitation. She legally has the right to choose who she wants to live with, so doesn't she also have the right to decide when she comes with me without it being spelled out in an order? The kids and I are trying to overcome the efforts of their dad and step-mom to cut me out of their lives completely.What is the name of your state (only U.S. law)?
 


cyjeff

Senior Member
And a 16 year old does not get to choose whom to live with.

Their wishes will be taken into advisement by the court, but the judge makes the call.
 

LdiJ

Senior Member
I live in West Virginia, and my children, 13 and 16, have lived with their dad for the last few years (but not because I am a bad mom). I live 2 1/2 miles from them, and without getting into the MANY details, my 16-year-old wants to decide when to come with me outside of the visitation. She legally has the right to choose who she wants to live with, so doesn't she also have the right to decide when she comes with me without it being spelled out in an order? The kids and I are trying to overcome the efforts of their dad and step-mom to cut me out of their lives completely.What is the name of your state (only U.S. law)?
Are you saying that your 16 year old wants to see you more often than the court ordered schedule? If so, what do you mean by that? Do you mean that the 16 year old wants to come over for dinner, just to talk, or go shopping, or do you mean that the 16 year old wants to spend the night at your house more often?

If the 16 year old wants to spend the night at your house more often, that absolutely is going to require a trip to court for a modification. If the 16 year old just wants to drop by for a meal or to talk, then dad isn't being very reasonable and you should try to talk it out with dad.
 

RoseofSharon71

Junior Member
She wants to be able to come over for dinner, OR to spend the night. Unfortunately, there is no working anything out with their dad, and it also is mostly his wife making things worse--through my ex and the kids. It's a long annoying story. We have a hearing set for Dec. 12 to modify the visitation, and the kids are planning to be there to speak to the judge. Hopefully she listens to them, because she does not listen to me. The problem with having specific days set is that my daughter works in the evenings and is involved in youth group. If my ex and his "wife" were not so pathetic, my situation would not be as bad as it is.
 

Ohiogal

Queen Bee
She wants to be able to come over for dinner, OR to spend the night. Unfortunately, there is no working anything out with their dad, and it also is mostly his wife making things worse--through my ex and the kids. It's a long annoying story. We have a hearing set for Dec. 12 to modify the visitation, and the kids are planning to be there to speak to the judge. Hopefully she listens to them, because she does not listen to me. The problem with having specific days set is that my daughter works in the evenings and is involved in youth group. If my ex and his "wife" were not so pathetic, my situation would not be as bad as it is.
What is YOUR role in this pathetic situation? I am sure you are not as innocent as you think. Have you been encouraging your child to see you more than the court order. Your ex also has limited time with his daughter due to scheduling as well.
 

RoseofSharon71

Junior Member
You don't know me, and give my kids some credit. I cannot manipulate them. They know I would never try to. They feel the way they do because of how they are treated. I will find out what her rights are when I go to court, and she speaks her mind to the judge about what is actually happening, and NOT what I have told her to say. She's not only 16, but she's always shown she's got a mind of her own. If my kids don't want to come with me, they don't. And that is rare.
 

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