Legal Question in Family Law in Utah
13 yr old refuses to come for Visitation?
This past Friday my 13 year old called me and said she was not going to come back from her mothers for her visitaton with me. She said she did not have to. She said she had been told that at 12 she had the right to choose whether she had to come or not. I asked her who had told her this, she said ''everyone.'' So I asked her specifically if her mother had told her this and she said ''yes.''
Does not her mother have to help provide the child for visitation? What if the child refuses to come and the mother not only does not make her but empowers her not to by telling her she does not have to come?
1 Answer from Attorneys
Re: 13 yr old refuses to come for Visitation?
No child has the right to determine visitation, that is ordered by the court. Your daughter can refuse to come with you, however, it is the duty of her mother to make her available to see you. Although the mother cannot force the child, it is mother's duty to make the child know that it is your right to spend time with the daughter. It is not unusual for custodial parents to entice the children to avoid the other parent. You should get an in depth analysis of your situation and relationship with your daughter to decide whether you want to pursue sanctions against the mother for interference with visitation.
BTW, you need to always pursue a relationship with your daughter. She is young and impressionable (obviously) however later when she is an adult it will be important for her to know whether you fought to maintain a relationship with her. She knows you are her father, and if you do not put up a fight now, it will impact your relationship with her forever.
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