Legal Question in Family Law in Massachusetts

child visitation

My child is 3 years old and has visited with her father all along now all of a sudden she does not want to visit with him anymore. Should I force this?


Asked on 1/27/08, 9:21 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: child visitation

Is there something new in dad's life? A new girlfriend? Has a girlfriend left the picture? Has he moved?

This is an age in which the "separation anxiety" issue often comes up, even though visitation has been good. Unless you have reason to believe that the child is trying to voice a real safety issue, you should make sure that the visitation occurs. You can make transition better by discussing the process with the father -- make sure that there is a special treat or custom that goes with the transition to dad.

You may discover, in the discussion, that dad has similar issues -- the child may not wish to transition back.

You certainly can and should discuss any concerns beyond separation anxiety with a child therapist. While separation anxiety is often overblown, even an excuse to be combative with the other parent, there certainly are situations where the anxiety comes from a component of problems on the visitation.

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Answered on 1/27/08, 10:42 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: child visitation

The simple answer is that a 3 y.o. is not legally in a position to refuse, and you should not grant such power.

What you should do is work with the father to see if there is a problem requiring attention.

If there is no problem, there is no choice.

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Answered on 1/27/08, 3:24 pm


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