onehappywmn said:
What is the name of your state? NC
Hi! I am new to this so I hope i am doing this right. I was wondering if anyone knows if there is an age that a child can say they don't want to go and visit the non-custodial parent. my daughter is 11 now and her dad lives in FL and she really doesn't want to go see him. I was just wondering if she got to make that decision or since it's court ordered visitation she has to go no matter what.
thanks for any help
You weren't really given "opinions". You were given legal advice. If there is a court order for visitation, then the child has to go. Period. No if's and's or but's about it. If it's not what you wanted to hear, then we're sorry. But we do not sugar coat everything we say to save someone's feelings. If dad has court ordered vistis, then you have to comply and have your daughter available for those visits. If you don't you could be charged with contempt, or custodial interference. Again, that's not opinion, that's fact. If you don't like the way visitation is set up now, or your daughter doesn't want to go, then what YOU need to do is file for a modification of the visitation order. The judge may or may not listen to what your daughter has to say on the matter. It's solely at their descretion whether to allow the child's testimony. However, until you do that, you have to follow the current visitation order to the "T" unless there is PROOF beyond a reasonable doubt that your child is in danger by going to her father's house. Then, you'd still have to go through the courts to have an emergency hearing on the matter. Her simply saying "I don't wanna go" is going to have no bearing on what the court orders. There has to be a damn good reason to revoke visitation privlidges (sp) in the courts eye, and her just saying she no longer wants to go to dad's without there being a reason she's in danger or could be hurt isn't going to hold water. Again, sorry if that's not you wanted to hear, but it's the LAW, and not just "opinion".