Legal Question in Family Law in New York

Can a 13 year old refuse visitation?

I am a custodial parent in a joint custody settlement. My kids visit thier mom 2 nights a week 5pm to 9pm and Sat 9am to Sun 9am.

My 13 year old daughter doesn't want to visit her mother anymore. They don't get along at all and fight with each other constantly. Recently it came to blows between the two as her mom slapped her in the face and my daughter hit her back.

I make her go because I think she should see her mother but at this point there seems no good reason with all the fighting.

Is 13 old enough to make that decision?


Asked on 8/08/05, 4:36 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Can a 13 year old refuse visitation?

Suggest that YOU stay out of it. Your daughter's relationship with HER mother is HER business, not yours. If mother wants to have court mandate visitation or else, let her explain why her child does not want to visit with her. You, just make the visitation possible, ie., don't interfere or permit your daughter to plan anything else during that period.

Also, Your job is to make sure your daughter acts responsibly viz everything she does. Fighting with an adult is NOT responsible. So, caution and advise your daughter that you expect a different kind of behaviour from her in the future. Although, you might understand the provocation, she must not do such a thing again.

If mother is particularly vindictive, she could use such conduct to severely penalize your daughter. You don't want to risk it.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 8/10/05, 3:38 pm


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