Legal Question in Family Law in New York
visitation rights
i have a 13 year old daughter and she has visitation with her father but doesn't want to go over there on the weekends with him anymore. Is she legally old enough in the eyes of the court to make that decision or does she still have to go?
2 Answers from Attorneys
Re: visitation rights
She is not old enough to make that decision but might be old enough to explain to a Judge why she doesn't want to visit on week-ends anymore.
Is it that she wants to be with her friends or is there something more going on? Perhaps she could see him an extra day during the week and every other week-end. If you are on friendly terms with him it would be best to work something out. Forced visitation could not be good for anyone. You need to find out what's going on.
Re: visitation rights
It is important for children to maintain relationships with both parents. Furthermore, it can be extremely harmful to a child, if they feel that they must favor one parent in a divorce.
A judge will listen to what your daughter has to say, but you have a legal obligation to produce the child for scheduled visitation.
The custodial parent should encourage visitation with the other parent. This can be very difficult for some parents, but remember that it is in the child's best interest.
In any event, a modified visitation schedule can be developed, if necessary.