Legal Question in Family Law in Ohio
Visitation after child is 16 yrs old
My ex husband is a very angry and unhappy person. My son does wants to spend less time visiting him. Our divorce agreement says every other weekend but does not specify any age. what are our rights? Because of other circumstances my ex does not pay support. What can I do? thank you
1 Answer from Attorneys
Re: Visitation child 16 yrs old
This is one of the most difficult situations in domestic law. You have a court order for visitation and the kid doesn't want to go. You could file a motion for a change in schedule. I'm not sure what to tell you about your chances for success. It depends how sensitive the magistrate is to custody/visitation matters.
Of course the kid just may settle it for you by refusing to go. I wouldn't suggest encouraging that solution, however. It can get very messy and you want to avoid a possible contempt based on your coaxing the lad not to visit. But I do know that teenagers often don't hold these orders in very high regard.
Age is really not a statutory factor, but obviously, once a kid hits the teen years, he or she is usually pretty independent. Also, support is really not an issue, the court will usually not link the two.