Legal Question in Family Law in Kentucky

My boyfriend's daughter is refusing to visit her dad on his visitation days because she has a boyfriend now and the mother is not enforcing it. She claims she is almost 14 and doesn't have to go if she doesn't want to. He pays his child support and lots of it regularly and wants to know what his rights are.


Asked on 10/26/10, 9:13 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

Why is a 14 year old girl allowed to have a boyfriend? And certainly why is this child allowed to spend time with a boyfriend instead of spending time with her father?

If Mom refuses to deliver her for visitation, she can be held in contempt of court for violating the custody order. I would suggest Mom get on board with insisting that the daughter visit dad on his days, and make a united front, otherwise, she'll have to explain to the judge why it is more important for her 14 year old child to spend time with a boy rather than with her father.

A common misconception with Kentucky family law is that once a child is of a certain age (such as 14), they no longer have to abide by the court's orders. That is absolutely false. Until she is 18, she has to abide by the court-ordered visitation schedule, and it is Mom's responsibility to make certain that happens. If you can make a child go to school, clean their room and eat their vegetables, you can make the child visit the non-custodial parent on the scheduled visitation days.

If Mom doesn't start abiding by the visitation order, I'd bring a motion for contempt. I'd suggest finding a local attorney to discuss the case and go over all of the options.

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Answered on 10/31/10, 9:38 pm


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