Legal Question in Family Law in Wyoming

rights of children to deny visitation to their dad

My girls 10&12 are scared of their dad and do not want to see him at all. They don't even want to talk to him on the phone. My divorce papers say that all visitation is to be decided with the children's wishes and their best interests considered first. Their dad is threatening me with contempt and threatening to force them to go. I don't know what to do to help them. They have told their dad repeatedly they don't want to see him. They want to be adopted by their step-father. I try to explain to them how he feels but it makes no difference. Please help me to understand what their rights and mine are in this matter. Thank you


Asked on 4/07/00, 2:50 pm

2 Answers from Attorneys

Thomas Lubnau Lubnau Law Office, P.C.

Re: rights of children to deny visitation to their dad

This question is difficult to answer without seeing the exact language of the entire provisions that govern the rights and responsibilities for your daughters set forth in your divorce decree.

Other unknown factors include the attitude of the presiding judge toward such a situation and the underlying reasons for your daughter's fears.

It is advisable for you to speak with a local attorney who will know how and why your judge may decide this matter given your specific situation. That attorney, too, may give you some ideas for dealing with this situation before a contempt action is commenced.

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Answered on 4/28/00, 12:32 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: rights of children to deny visitation to their dad

Florida Law - In Florida, the parties must comply with the final judgment of dissolution of marriage and agreement between the parties which is also a part of the final judgment. Your facts state that your divorce documents with respect to visitation look to what the children want or don't want. In Florida, if a party does not comply with visitation/final judgment they can be held in contempt. Therefore, be sure that you are complying with the final judgment. If you are complying and your ex files an action, then you should not have a problem. Therefore, absolutely be sure that you are complying. If you have a question on the language of the final judgment and agreement as to what is compliance then have an attorney review it. In Florida, if there is a substantial change in circumstances to warrant a change in the final divorce documents then a modification can be filed. You would have to consult with an attorney in your area to make that determination.

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Answered on 4/20/00, 3:22 pm


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