Legal Question in Family Law in Missouri
Visitation
My daughter is 14. Her bio father has recently decided he would like visitation after 14 years. She has only seen him 3 times in the last year and only 5 times since she was 2. He has paid child support when he was not in prison, but is years behind. She has my husbands last name legally by court order. Can she speak for herself on this matter in court? Can he get every other weekend and holiday like he is threatening? She says she is afraid to spend the night with her bio father. Can she be forced to? Thank you in advance for answering my question.
1 Answer from Attorneys
Re: Visitation
What else does this Court Order say? Does it determine him to be her legal father? Does it award him any rights of visitation or temporary custody? If he goes to Court to obtain some Court Ordered rights of visitation or temporary custody, then the Judge may consider your daughter's wishes, but the Judge will not be bound by them. If there is any reason at all for your daughter to fear her biological father, then a guardian ad litem (an attorney to represent your daughter) should be appointed. The Judge may restrict the father's visitation by requiring it to be supervised or in other ways, or the Judge might not grant any rights of visitation depending upon the circumstances. You should consult with an attorney and not let this man intimidate you into doing something that might not be in your daughter's best interests.
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