Legal Question in Family Law in Virginia

My daughter visitation rights

I am divorced, I have a daughter who will be 14 in the end of May. She has to go visit her father every two weeks. I want to know, does she has the right not to visit him any more. She does not wants to go there. Is there any age when a child can decide where to stay?

He does not pay child support every month either. I want to know, how can I get child support money

Thanks


Asked on 4/29/08, 3:37 pm

1 Answer from Attorneys

Re: My daughter visitation rights

Assuming the child support is being paid directly to you (and not through DCSE), you should first advise him of his outstanding support obligation and then file a Petition for Rule to Show Cause why he shouldn't be held in contempt for failing to pay as ordered.

You are bound by the court's visitation order until it is modified. If a material change in circumstance has occurred since the last order, you may move for a motification of the visitation schedule. The court will grant a modification if it finds the proposed change to be in the child's best interests. Given your daughter's age, the Court may consider her position on visitation, but it need not give it much weight. Weigh carefully the impact of having your daughter testify in court.

You are required to make reasonable efforts to ensure your child participates in visitation as ordered. If she doggedly refuses, however, it can be very difficult to effectively force her to participate.

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Answered on 4/29/08, 4:19 pm


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