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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 12224
Experience:  Licensed Texas General Practice Attorney
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Do I need to get a court order to allow my daughter not to

Customer Question

Do I need to get a court order to allow my daughter not to see her non custodial father until she is ready?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

As a practical matter, you can be in trouble if you don’t comply with the court’s order on visitation. Your ex can ask the judge to hold you in contempt of court if you are intentionally not complying with the visitation order by not sending your child for visitation. The botXXXXX XXXXXne is that you are the parent, and you are responsible for your child’s actions. Thus, it is you who will be responsible, and who may have to answer to the court, if your child doesn’t visit as ordered.

ScottyMacEsq :

Now the court will consider the totality of the circumstances in whether to actually hold you in contempt. A child that is 15, 16, 17, etc... has a lot more "freedom" than someone who is 6, 7, 8, etc...

ScottyMacEsq :

Most courts. however, will provide that the parents need to take the child's preferences and activities into consideration and to use good judgment and be flexible inletting the child have some freedom and personal responsibility as they get older. What degree of flexibility is expected, however, varies greatly with the age of the chile; a 17 year old with a driver's license who is responsible should be given a great deal more latitude and more "say" in what he/she is required or allowed to do and the court would expect the parents to be reasonable in letting the child grow up, while a 7 year old should be allowed very little latitude and the parents should exercise more comprehensive control and authority.

ScottyMacEsq :

So ultimately it would depend on the circumstances, and the degree of control that you would have over the child. You can be held in contempt if you don't comply with the visitation order, but it's not necessarily true that you will be held in contempt, if you have a good reason for not complying.

ScottyMacEsq :

To be certain that you wouldn't be held in contempt, you would need a new court order that would say that she does not have to go to visitation if she does not want to.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I guess you didn't see my entire question. My child is 14 and there is no visitation order. When we divorced, my ex-husband wanted it that way. I have been taking her to and from his home for the last 5 years. He has been invited to visit at any time, but is refusing. He wants me to physically force her into my car and drive her 1 hour to his house. She says that he doesn't spend any time with her when she is there, so she doesn't want to go. This has been going on for about 2 months. I want her to visit, but I think forcing her will ruin any relationship they have.

ScottyMacEsq :

No, I did not see the rest of that information that you indicated. I only saw the following: "


Do I need to get a court order to allow my daughter not to see her non custodial father until she is ready?

Optional Information:
Country relating to Question: United States
State (if USA): Massachusetts
What have you tried so far?: I have been encouraging my daughter to visit her dad. I have encouraged him to visit her at my home or meet in a neutral location. Right now she won't even text or speak to him on the phone."
ScottyMacEsq :

( I did not see age, fact there's no visitation order, etc...)

ScottyMacEsq :

Without a visitation order, he can't compel anything.

ScottyMacEsq :

So he would need to get an order specifying visitation.

ScottyMacEsq :

Only if there was a requirement somewhere that he gets "reasonable visitation" or has some other affirmative right to ask for visitation would he be able to compel it.

Customer:

Thank you, XXXXX XXXXX sense. I just want my child to be in a good relationship with her dad. I hope it will be resolved quickly.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 12224
Experience: Licensed Texas General Practice Attorney
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