Legal Question in Family Law in Washington

Children Deciding Visitation Contrary To Parenting Plan

I have a 15 yr old daughter from a divorce in 1993. The parenting plan from divorce filed in Wash. state says I have visitation w/her here in Texas for min. of 1 week at spring break, min. of 3 weeks during summer and min. of 1 week at Xmas break. My daughter has boyfriend now, wants to drive and get a job and tells me she just doesn't have time to seem me this summer. Her mother is telling her and me that per Wash. state law at 12 years of age my daughter can decide whether she wishes to see me for my scheduled visitations or not. I am willing to be flexible and only see her for one week but she will not even agree to that. Her mother is having discipline problems with her in regards to boyfriend and poor grades but hides these problems from me until they get out of hand. She told me she will talk to her again about it but she keeps clinging to this probably made-up law about a child being able to make decisions regarding visitation at 12 years old. Is this true, and if not what can i do about it?


Asked on 4/24/06, 9:43 am

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Children Deciding Visitation Contrary To Parenting Plan

Parents are responsible for where children go and what they do. A court gives more weight to children's wishes as they get older, but the base they work from is enforcement of the parenting plan. No, 12 year olds don't get to modify the parenting plan to serve their whims, and if your former spouse does not make serious efforts to get your daughter to TX as prescribed by the plan, she could be in contempt.

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Answered on 4/24/06, 6:25 pm


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