Child custody and support divorce law
 
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My husband and I are getting a divorce. We have a teenager who is 14 years old. Our teenager's primary residence is with me. He said that he can force our daughter to visit him. Is this true- can he do this?

By Anonymous Asked Mar 18 2007 5:19PM
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Top Answer out of 24

by firecracr on Mar 18, 2007 at 5:41 pm Permalink

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Well no or yes. First depends on state. But usally once 13 the courts give the child a option if they want to. So no most states they are not forced to go any longer!
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Answer 2 out of 24

by Astrophel on Mar 18, 2007 at 5:23 pm Permalink

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Yes, he can. Joint custody rules. Unless there is a reason that he couldn't look after the child properly or if he mistreats it, then he gets no rights to it (e.g. if he is an alcoholic or beats your child). But if there is no reason why he shouldn't be allowed to see the child, then yes, he can.
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Avatar lawladyplus May, 18 2007 at 09:44 PM
The first answer-- depends on the stgate-- is closer. also depemnds on the judge. and how much of your hear earned money you want to spend on layers and court prpocesses.
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Better to teach the teenager top notch communication skills and let the teenager say whetever needs to be said in order to sort the relationship out. The emptional unfinished business wil not be dealt with my avoidance. Yes-- i AM a "divorce lawyer." The legal system has NO answers for families! not really.

Answer 3 out of 24

by puppylover on Mar 18, 2007 at 5:45 pm Permalink

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Yes This is true. My daughter does not want to go either but by law if he pays support she must unless it is a bad enviroment and you have to prove it. The best advise is to ask your divorce lawyer.
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Avatar GingerL Jun, 04 2007 at 10:21 PM
Child support and visitation rights are seperate issues. You cannot withhold visitation for lack of payment, nor can you force visitation because you pay. The court will seriously frown on anyone who tries to use one as an excuse for another.
Visitation is not guaranteed with just because child support is paid. I know someone who pays for a child that he didn't even know existed until 7 years of age. The child is now 18, with support paid the entire time, and his father has never seen anything of him but a photocopy of a Poloroid picture.

Answer 4 out of 24

by Doodle Bug has nothing to complain about on Sep 9, 2007 at 6:38 pm Permalink

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It depends on the State, and whether it is an award of custody or visitation.

Child support is NOT payment for the child's time. It is the fulfillment of the obligation of the parent to provide for the child.

The Court will not force anything which will be injurious to the child. However, once there is an order granting visitation and she doesn't show, you could be held in contempt of the order. You would be given a court date to explain your position.

You need to address this issue with your attorney, before you go to court for the final hearing. If there are truly good reasons your child does not want to visit these reasons can be presented before the Court and a determination made for the final order.
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Answer 5 out of 24

by beesch on Apr 6, 2007 at 8:09 pm Permalink

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Hi - I live in Maryland and have been separated from my husband for six years. Each state may be different, but in Maryland when a child reaches the age of 13 they may decide whether they wish to see the parent they do not live with. You may have a women's center you can check with regarding the age the child has to be before they can make that decision.
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Answer 6 out of 24

by AntigoneRising on Apr 3, 2007 at 1:15 pm Permalink

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In many jurisdictions, he can force this. However, he would be unwise to force your daughter to do anything...IF he values his relationship with her.

Why would your daughter not want to visit him? Do you not want her to?
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Answer 7 out of 24

by Anonymous on Apr 3, 2007 at 1:12 pm Permalink

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In some states the child's age does come into play . Usually a judge will consider an older child's wishes over a younger child's . The judge will call she or he in his or her chambers and ask why it is that the child does not want to have contact with that parent . If the judge thinks it is a good enough reason . And sees that the child wasn't rehearsed on what to say . Then the judge might agree not to "force" visitation . In my case I have 2 girls 12 & 15 . My ex went after custody of my 12 year old and left my 15 year wondering why it was that she wasn't good enough to fight for . The judge in our case may see that my ex has done some irreversible damage to our daughter . And might find that it is best for both girls to live with me . But every case and state is different . I'd get a free consultaion . That's how I found my excellent attorney .
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Answer 8 out of 24

by kelford10 on Mar 23, 2007 at 8:02 pm Permalink

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If you live in Canada, the child can chose for herself after the age of 12. Also depends on the type of custody you have agreed to....Joint, Full, Supervised visitation etc....If he abuses her then you have a reason to fight this but....if he is a good father (even though a poor husband) perhaps it would be best to allow him to see her. Think of how she will feel and how much she will resent you and not him when she is old enough to reallize that she was robbed of his company. Father's have a place in childrens' lives. I've been divorced for years and even though I have reasons to dislike my ex, I see no gain in disallowing him from access to our daughter. It is healthier for her in the long run. I also make a point of not discuss his negative side when she is around. Just much more healthy for the child emotionally.
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Answer 9 out of 24

by Anonymous on Mar 23, 2007 at 6:59 pm Permalink

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Yes. if you do not have an attorney, you are going to need one. this will have to settled in court. the husband has certain rights, unless it can be proven he is an unfit father.

Upfront, i see nothing wrong with the father having visitation rights. its a normal procedure in divorces.
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Answer 10 out of 24

by idne on Mar 18, 2007 at 5:52 pm Permalink

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At that age I don't think he can. It depends on you state's laws but she is old enough to say she doesn't want to see him if she doesn't want to. Unless he is abusive to her I think you should encourage her to see him. A girl's relationship with her father is very important.
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Avatar Jessicax23 Mar, 23 2007 at 07:02 PM
I agree with your last line, but I think that forcing the issue will actually do more harm than good. It's BECAUSE "a girl's relationship with her father is very important," that I believe her wishes should be respected.
Avatar idne Mar, 23 2007 at 07:10 PM
You know the situation the best but if it's possible for her to see him I would encourage her to do so. You don't have to pressure her but make sure she knows that you would like her to still have a relationship with him. I hope it works out for you.


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My husband and I are getting a divorce. We have a teenager who is 14 years old. Our teenager's primary residence is with me. He said that he can force our daughter to visit him. Is this true- can he do this?

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