I live in florida. My daughter who is 12 does not wish to go on her annual summer visitation to her fathers house. Can she choose NOT to go?
State/Country relating to question: Florida
Hello and thank you for asking your question. My name is XXXXX XXXXX X will be assisting you. I am a practicing Florida attorney. Unfortunately, your daughter cannot make this choice. If the vacation is part of your agreed upon parenting plan, then father is entitled to this time with her. The child cannot make decisions whether or not to participate in visitation. The only way to avoid this annual visitation would be through a modification of the parenting plan.
I hope that helps but feel free to post follow up questions or comments if I can assist you further.
That is unfortunate. He was an abusive alcoholic and that was the cause of our divorce. He is required to stay sober by our divorce decree and doesn't while she's there unless i force them to stay at her grandparents house which she doesn't feel comfortable in due to the fact that they never were in her life as a younger child. I did get a comtempt of court for him not staying sober and her was required to go to rehab which he did not finish and she is scared he will get drunk while she is there
I appreciate your concerns. However, the law doesn't leave these important decisions to children. In your case, you sound like you have some valid fears, which should be addressed in a motion to the court.
Practicing family law attorney in multiple jurisdictions
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