Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I wanted to know if once my daughter turned twelve does she

have to still go visit...
I wanted to know if once my daughter turned twelve does she have to still go visit her dad even if she doesn't want to any more?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
6/24/2013
Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1,488
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
Verified

Ordinarily, a parent cannot defy the order simply because of the child's wishes. Defying a court order could subject a parent to a motion and finding of contempt, which might result in the other parent being awarded court costs, attorney fees, and additional custodial time to make up for any time lost. A pattern of contempt could also result in a change in custody. I say "ordinarily," because some plans actually do allow a child to make that decision; it is rare, but if the parents agreed to it in advance and that is in the plan, then of course a parent can elect that option. It is important to read the plan from beginning to end, because it alone dictates the rules and law that apply - including the scope of what a parent can and cannot do.

 

Now, that said, a parent can retain an attorney and seek to modify a court order based upon a change in circumstances. That change might include the child's preference (which the court will certainly consider), but that is only one factor. A child's preference is never a determining factor no matter how old they are, however, because the court is bound to consider everything affecting the child's well being in deciding what is in that child's best interests.

Ask Your Own Family Law Question
Customer reply replied 4 years ago

I just don't think that's right because she is old enough to speak for her self now and her dad does not spend time with her and is very upset when she has to go because her dad picks her up and leaves her with her grandmother which she is not crazy about the way she treats and talks to her so what would I be looking at paying for a lawyer since I really don't make much money but at the same time I'm tired of her fighting me or seeing her upset(crying) when she has to go with her dad please help me out I just don't know what to do

Unfortunately, we are not allowed to represent individuals ourselves or provide legal advice, and we cannot make specific referrals. What I can tell you is that if you do not make much money, then you may qualify for assistance through your local legal aid office. They provide free legal representation to low income individuals, and cases involving children are high on the priority list. Among the services offered are modifications of custody decrees, and as said above the child's preference is a factor the court will consider.

Another factor the court may consider is a parent's leaving the child with a non parent on a regular basis. That too, in fact, might be deemed a violation of the order, because most plans state that the child is supposed to be with a parent during those times (except when the parent is working). And of course any form of verbal or emotional abuse would be unacceptable. Depending on the severity, might even result in a suspension of visitation.

If you are not able to get assistance through legal aid, you can always retain an attorney for limited representation - meaning, advice and assisting with the drafting of the paperwork. As for the cost involved, $3500 might be a good estimate for full representation, based upon the information you have provided, but ultimately what an attorney charges for full or limited representation varies considerably on the attorney, his or her caseload, skill and experience, and the particulars of the case. Lastly, if you must pursue a matter like this on your own, you can contact the clerk of court (some courts have forms or a self help desk available).
Ask Your Own Family Law Question
Customer reply replied 4 years ago

ok that explains a little more so what your saying is if over all if he's not spending time with her I can have visitation changed but would I have to have proof in court regarding him not spending time with her or just with my daughter saying so would be enough

The child's testimony is evidence, so that is one form of proof. Other proof might include the testimony of other witnesses - the grandmother, friends, neighbors, anyone who might have information to support the allegations can be subpoenaed and made to testify. It is difficult to say whether the child's testimony alone would be enough, only the judge can make that determination; but, any party who brings a case before the court wants to have all the supporting evidence available. If it is just he said/she said, then the court will make a determination based upon the credibility of the testimony available.

Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1,488
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
Verified
Amber E. and 87 other Family Law Specialists are ready to help you
Ask your own question now

Thank you, XXXXX XXXXX have any additional questions, we're available to help.

Ask Your Own Family Law Question
Ask Amber E. Your Own Question
Amber E.
Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1,488
1,488 Satisfied Customers
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.

Amber E. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Clarification please.... CUSTODY AND VISITATION: AS TO
Clarification please....CUSTODY AND VISITATION: AS TO PHYSICAL CUSTODY: During the academic year, Respondent shall have primary physical custody of the minor children subject to Petitioner having the … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a parent couldn't visit a child due to a hectic work
If a parent couldn't visit a child due to a hectic work schedule for 6 months, would a court likely find abandonment in a termination of parental rights case in Florida?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
My granddaughter is 14, can she simply say no to visiting
my granddaughter is 14, can she simply say no to visiting her father on weekends ( family court ordered visitation ) New York state … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
I am tryong to get a visitation rights for my formar husband
I am tryong to get a visitation rights for my formar husband who lives in assisted living in El Sobrante CA … read more
Sue
Sue
Juris Doctorate
253 satisfied customers
California. My daughter is visiting Florida she's California
My daughter is visiting Florida she's California residence now her father filed for temporary custody of her I haven't filed what should I do to bring her back in California… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My daughter is on ssdi, she needs help with visitation and
my daughter is on ssdi , she needs help with visitation and hekp with things that are not right in the court papers that dcf has put in . the dcf case is closed now but needs her correcting what is wr… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was recently served with a petition for visitations. I was
I was recently served with a petition for visitations. I was just awarded full custody for my child as well as a 2year order protection against the father. The incident in which I was awarded the orde… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
My daughters father and I have a current custody/visitation
My daughters father and I have a current custody/visitation order in place stating we have 50/50 joint custody. The court order doesn't go over who has right to claim the child. He has not had the chi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
If my sons father scheduled a visit that was in our court
If my sons father scheduled a visit that was in our court order (1 week) for a fraction of the time (3 days), cancelled then rescheduled for 4 hours - do I need to stay in that location so his father … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Questions re: request by one party to adjust visitation and
Questions re: request by one party to adjust visitation and custody in CaliforniaSituation: My girlfriend currently shares joint legal custody w her ex husband of their 9 yr old son.Visitation is stru… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
My children's visits with their father have caused major
My children's visits with their father have caused major issues when they return. How do I prove that the visitation needs to be modified dramatically?… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,980 satisfied customers
If my ex has court ordered visitation and is always a no
If my ex has court ordered visitation and is always a no show, as well as leaves the child with other people during his visitation hours, … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
Do grandparents have legal rights to visit an adopted
do grandparents have legal rights to visit an adopted grandchild in Indiana, up to what age: … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If custody and visitation has not been decided amongst unwed
If custody and visitation has not been decided amongst unwed parents and mother moves 4month old baby out of state, what are Fathers legal rights … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
476 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x