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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16710
Experience:  Licensed experienced Attorney
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Hi, I was at H&R Block today and they refered me to this web

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Hi, I was at H&R Block today and they refered me to this web site. I have a 13 year old daughter and my ex has every other easter, Christmas and 1 month every summer visitation. My ex is in NY were we are from but my daughter and I now live in NC. While we were still in NY, My daughters lawyer told the judge that he felt that it was in my daughters best interest to move with me. Now, during visitation times, she fights me....makes herself sick and calls me every night wanting to come home. I need to know at what age can she have a say that she dosent want to go anymore? She wants nothing to do with him at all.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry about the unfortunate situation with your daughter.

Is the father doing anything or engaging in any type of abuse or neglect that makes your daughter not want to visit with the father?

Can you provide some details on this?

Customer: replied 4 years ago.

No abuse he just was never there for any of my children. I also have a 22 year old daughter who is on her own and a 20 year old son who stayed with him because he liked the freedom of being alone because his father was never home. My daughter that is with me hardly ever saw her father because he was never home,which is why I got divorced. She was only 7 when I left him. Now when he does get her, he takes her to his brothers or friends and goes off on his own doings or lets my 2 older children have her. He told me that he would rather be out of work than pay me anything. (Maintnance & Child Support) He is over $11,000 behind in payments to me. He dosent get her any holiday presents and only textes " Happy Birthday" or whatever other holiday it is. Never calls to see how shes doing or nothing. It's gotten to where she wont even return his text.

Thank you for your follow up.

I am so sorry to learn about all the issues you had with the father and also his lack of attention or consideration when it comes to your younger daughter.

Basically, you can file a petition to modify child custody / visitation based on the change in the circumstances, and the court will review your petition and since your daughter is over 12, the judge would generally would allow your daughter to testify either in court or in private with the judge and the court will take your daughters wishes and feelings into consideration, unfortunately your daughter does not get to decide whether she gets to visit with her father until she either turns 18 or get legally emancipated, so the court will review all the facts, testimony, arguments and evidence when it comes to deciding whether to change / terminate visitation schedule with the father, but at the end the judge will make a decision based on what would be in the best interest of your minor daughter and not solely based on what your daughter wants.

If you do decide to proceed with petition to modify child custody / visitation would strongly suggest that you do consult and retain local child custody attorney to represent you in such proceedings, as they can be legally complex and emotionally charged.

I wish you the best of luck!
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