Legal Question in Family Law in Minnesota

childrens rights for visitations

My daughter is now 13 and is not wanting to visit her alcoholic dad under the current conditions. Now that she is 13, does she have the right to make her own decision without her dad having any legal rights to make her go? She is getting all stressed out over this along with myself (her mother) who she has always lived with. Her dad and I had her out of wedlock and have never been to court. We do have a paternity paper I had him sign and he does pay child support along with her medical expenses because he knows he has to. He visits her every other weekend (no overnights) when it is suits him. Because of his drinking he is always all over the board with his behavior and I wanted to know what legal rights to her he would have if she refuses to go with him due to our current situation. Thank you for your time.


Asked on 6/19/07, 7:10 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: childrens rights for visitations

A child never gets to make that decision. Instead, a Motion must be filed to modify parenting time. Such decisions are made based on what is in the child's best interests. As part of that proceeding, a child who is of suitable age and maturity would have some input. However, that child's desires are not dispositive and the court makes its decision based on all of the circumstances surrounding the case.

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Answered on 6/20/07, 11:10 am


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