Legal Question in Family Law in California
visitation
MY daughter is 10 years old her dad just started seeing her 10 mionths ago. he realized that if he saw her more he could get his child support lowered so he just filed a mod to only get visitation more but the amount he is asking for is 50%. my daughter doesnt want that is she old enough to talk to the judge or mediator
2 Answers from Attorneys
Re: visitation
On the one hand, I know it's frustrating for the moms when a dad files for more visitation in order to reduce child support, but keep in mind that it is really, really good for the child to have her father in her life. In fact, in some cases, I tell the mom if she wants the dad to be involved more, to ask for more child support. Most likely, to avoid an increase in child support, he will try to see the child more often. This is great!
You have to help your daughter see that it is good for her to see her dad. Ask the dad to build up slowly, though. If it is currently every other weekend, then add on one extra night to that weekend.
Unless the dad is being abusive or something, the court is going to order more visitation. If it sounds like you aren't helping your daughter to accept these visits, you are jeopardizing your own interests.
Re: visitation
The court will consider the wishes of a child in forming a custody order. The older the child is, the
more weight that the child�s wishes are given by the court. The court will still make an order in the best interest of the child. Court's in different counties handle the way that the court is informed of the child's wishes differently. You are better off getting an attorney who can give you more complete advice concerning how this matter is handled in your county. Good Luck, Pat McCrary