Legal Question in Family Law in Massachusetts
childrens rights
My 13(almost 14)year old daughter
does not always want to go to her
Father's for her scheduled visits. We
share joint physical custody. Can
she refuse to go? If she does refuse
what are his options-like will the
police show up at the door? She
does not want to never visit but she
would like to have some say about
whether or not she goes. Is there
an age she can make that decision?
2 Answers from Attorneys
Re: childrens rights
As I have written in response to a similar question, your daughter is at the age in which you and her father have to add her to the negotiation process. All three of you have to be very sensitive about this. Otherwise, she may well apply the "two-foot rule." This is my shorthand for her ability to go wherevere her two foots take her.
All three of you should find a civil and appropriate way to discuss how you will work this out. It can be a great learning experience for a child, and the parents, or it can be a disaster.
Re: childrens rights
Attorney Lee's advice is exactly on point and the best way forward. At her age, you must include her in the process and her father should understand that sometimes her friends and activities need to come before him or you.
However, she cannot expect him to accept never seeing her. This problem arises even in families without divorce, especially if the father works long hours.
Good Luck.