Legal Question in Family Law in Massachusetts

Re: non custodial visit

Every state has different standards when it comes to family law. Not sure if your case is governed by Florida Law or MA Law. Regardless, it is important to try to resolve this matter without the necessity of litigation for the benefit of all parties involved. It would be helpful if the three of you could sit down and have a conversation on the matter and then you and dad come to some resolution. It is tough when they do not want to go but I am assuming he has an Order entitling him to visitation with his daughter and it is tough to modify that based only on her not wanting to go. Counseling may also be beneficial if all parties are open to attending same. If you are unable to resolve it then the father can file a Motion for Contempt if he elects to take it that far and the Judge will make the ultimate decision.

Re: non custodial visit

There is no agae prior to 17 at which the court gives a child the final decision on visitation. That being said, reality is observed that as children get into theoir teens, their priorities shift. As a result, they gain more autonomy, if only as a result of the "two foot" rule (they can leave Mom/Dad's house on their own two foots).

In fairness to the father and the daughter, everyone should work on this realistically and seek resolution. Dad has to realize that he will play a different role with his daughter. Daughter needs to retain a good relationship with Dad, if he is not abusive. Both need to be able to look back when she is older and needs him without having to reconcile over unnecessary hurts from both sides.

I suggest counseling or mediation, with dad, mom, and daughter all involved.