Legal Question in Family Law in California

does my 15 year old daughter have the ability to make a decision to not see her dad on a weekend he's supposed to have her?


Asked on 12/20/10, 7:57 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Your question is difficult to answer without more information. However, If the court order is specific, for example, it provides that her father has her every other weekend and it is his weekend then she needs to go. However, there are many reasons why children do not want to spend time with parents and some are legitimate and should be explored. Since she is 15 the court will take her desires into consideration when modifying the current visitation order. The court order regarding visitation applies to the entire family as a whole and that includes your daughter. I would suggest talking with your daughter and finding out what her reasons are for not wanting to spend time with her father. If you find them legitimate it might be time to request a modification of the current visitation order. After speaking with your daughter, I would then suggest you speak with an attorney in your area that handles family law matters and get their opinion. Generally an initial consultation is relatively in-expensive and it can save you a lot of time, money and energy.

Good luck

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Answered on 12/29/10, 6:43 pm


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