How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
Type Your Family Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

My daughter is 13, we live in Virginia and I am the Legal Primary

This answer was rated:

My daughter is 13, we live in Virginia and I am the Legal Primary Custodial Parent, and her Father has every-other weekend Visitation. My daughter has been "verbally, mentally" abused by him for many months straight - every weekend with him. SHe does not want to go visit him - what rights does she or I have? It is heart breaking to watch her emotionally break down. She has cried alot., I got counseling recently., but she is too afraid to talk about her Father. She is intimidated by him.

So sorry to hear of your difficult situation. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

The child does not have a legal right to decline to comply with a court order of visitation. That said, you may petition the court for modification to the visitation agreement based upon a change in circumstances that affects the best interests of the child. A change in preference of a 13-year-old would qualify for such a change. A court will typically give great weight to the opinion of a 13-year-old.

Age is not the only factor that is considered by the court. Typically, the court will take into consideration the maturity of the child and the child's reasons for requesting the change.

Please let me know if you have any questions concerning my answer.
Ellen and 2 other Family Law Specialists are ready to help you

Related Family Law Questions