Legal Question in Family Law in Minnesota
Visitation
I, mother, have Sole Medical Legal custody of two children (7yrs. and 6yrs. old). Never married. He only has visitation rights (no custody). I allow him to see children whenever he wants, excluding what order says. He calls maybe once a month, sees them even less.
Question: At what age do the children have rights to decide for themselves that they do not want to go for visits.
They go see dad, while there, he does nothing with them except watch tv. The last visit my oldest stated that she DOES NOT want to go to daddy's house(Easter vacation) for the week. My oldest knows that if they go, all they'll do is watch t.v. for 6-7 days. He's always been this way and the children are learning that what daddy says usually doesn't happen. It's breaking my heart.
My oldest loves daddy with all her heart, but daddy is so undependable, only takes them when convenient for him, and my oldest (7yrs. old), I believe is fiquring this out. They do not want to go.
Do I or my children have the right to say no-I don't want to come for a visit?
Thanx for your time
Krista
2 Answers from Attorneys
Re: Visitation
The children don't legally have a right to say "no" until they turn 18. Some teenagers get so nasty that nobody would want to be with them prior to that age; but legally nothing changes until age 18.
If you have the best interests of these children at heart, I suggest that you encourage them to see their father. Daughters who don't have a relationship with their Dads are statistically much more likely to get involved with drugs and out of wedlock pregnancies. They also have a notoriously difficult time as adults in forming a long-term relationship with a male partner.
My best guess is that you didn't have much of a relationship with your Dad. Don't pass that on to another generation.
Good luck.
Re: Visitation
Chidren can express a preference, but never can decide where they want to live. I can discuss all of these things with you in greater detail if you wish. Please feel free to call me at 952-746-4111.
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