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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35853
Experience:  Attorney with 16 years experience
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My 13 year old daughter is afraid of her father and he's

Customer Question

My 13 year old daughter is afraid of her father and he's physically threatened her many times, she no longer wants to visit him. His family supports her decision, legally does she have rights? I was told at 13 she can make this decision and I can hire her an attorney.
Submitted: 8 months ago.
Category: Family Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unfortunately a minor has no legal rights to defy a judge's order (which is what a visitation order is) and must comply with it until they turn 18 and are no longer a minor.

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With that said, if the minor refused to go with the father, he can't really drag her kicking and screaming to the car and force her to go with him. If he tried, she (or someone else in the house) could call the police, they would come, and then tell the father to leave as he was creating a disturbance and breaching the peace. They would then tell him to take the matter up in family court if he wanted to try and enforce the order.

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The mother couldn't get in trouble as long as she wasn't interfering with the father's rights and it was just the minor who was refusing to go. Mother has no legal duty to force daughter to go, she just can't interfere.

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So legally the minor has to go, but practically she can refuse and there is not much the father can do about it except complain to the court. And when he does this, it will come out that he threatens her and that may result in visitation being terminated altogether.

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thanks

Barrister