Legal Question in Family Law in New Jersey
16 yr old wants to stop visiting father
My 16 year old daughter wants to stop visiting her father who lives in pennsylvania. She visits every other weekend, half Christmas vacation, and 2 weeks in the summer since she was 2yrs old. She does not have a good relationship with him. Finds the visits emotionally unsettling. Does not feel she had developed a close relationship with him, and wishes to stop visitation now and not have to wait till she's 18. She is a responsible child, straight A student, has never been in trouble. She wants to know what her options and her rights are. Thank You
5 Answers from Attorneys
Re: 16 yr old wants to stop visiting father
You have to abide by the Court Order. I understand as children get older, the life changes and can be difficult when all of her firneds are probably in New Jersey.
However, don't you think it will lead to alot of unecessary litigation if you stop the visitation since her father has been seeing her on a regular basis for 14 years.
If you want to change it, you must go to Court, and her testimony will carry alot of weight but is not binding on the Court.
It might be easier to see if you can reach a compromise like one time a month and perhaps more time in the summer.
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Re: 16 yr old wants to stop visiting father
The easiest move, from your perspective, would seem to be to just allow her to stop seeing her father. However, don't you think you should really explore why she doesn't want to see him. Have you explored what the problem is, jointly with your ex? Have you suggested some joint counseling between your daughter and her father (and including you if necessary). Even if you have some lingering anger from your divorce, this should not impact on the father/daughter relationship. You should do everything you can to assist in healing their relationship before such a drastic decision is made.
Re: 16 yr old wants to stop visiting father
Due to her age, whatever she says pretty much goes. But you need to file a motion to change visitation. However, ending visitation now could have serious ramifications with regard to her emancipation and college. There is a lot to consider and you want to do things the right way. You may want to consult with an attorney first. Feel free to call me at 732/247/3340 and we can discuss the issues involved.
Re: 16 yr old wants to stop visiting father
Your daughter's views and reasoning would be given considerable weight by the Court to which you should make application.
Needless to say, her father will probably be angry and vengeful so there may future consequences. Does she want to permanently sever her relationship or limit the interaction?
She should consult with counsel to prepare the best approach.
Re: 16 yr old wants to stop visiting father
I have read what all of the other attorneys have said. I will not repeat it.
My addition to the discussion: what a surprise, a 16yr old who does not get along with one of her parents. No, it is not surprising at all. Teenage years are turbulent for most children. The divorce makes most situations worse. It does make sense to get some counselling for your girl, and maybe jointly with her father.
Every child should have a decent relationship with both parents, if that is at all possible. It is worth working hard, you working hard and her father working hard, to make that happen. The goal is the best start in life for your child. And it is really hard to do when you feel yourself agreeing with the very negative things she is saying about him.
None of the above is legal advice. The legal advice is that you need to go to Court before changing visitation. And yes, it will be more difficult to get college paid for if her father is forced out of her life by her or by you. The main impact, however, is that she loses a parent; that is without doubt a serious loss to her. Dont let it happen.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.