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My husband and I are currently in mediation. We have two children

ages 18 and 15. Currently...
My husband and I are currently in mediation. We have two children ages 18 and 15. Currently the 18 year old is living with him and the 15 year old is with me. The 15 year old has made it clear that they do not like spending time with the father. Recently the father told me that if the child in question does not start spending time with him, he will go to family court to force it to happen. Can this really be done?
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Answered in 2 minutes by:
6/26/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,723
Experience: Licensed experienced Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Was divorce filed in this case?

Did the court establish some type of temporary custody / visitation for your 15 year old minor child?
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Customer reply replied 4 years ago

We are still currently in mediation. paperwork has been filed with the court. No formal temporary custody agreement was established by the court. I made a typo earlier. the older child is 17 not 18

Dear Lee,

Thank you for your follow up.

While court can order visitation with the father for your 17 year old, generally given the age of the 17 year old, it is difficult for the court to enforce such visitation, short of ordering supervised visitation with the father, with which your minor son would still have to comply.

While minors under 18 do not get to decide with which parent they would reside or how the visitation schedule would be established, because your oldest is so close to being adult, the judge will likely allow for the 17 year old to express his position and the judge would take the wishes of your 17 year old seriously and will give them some substantial weight when ordered child custody / visitation.

Also, once your 17 year old child turn 18, he would not longer be considered a minor and would be free to choose with which parent to reside and whether to have any visitation with his father.

I wish you the best of luck and please let me know if you have any related follow up questions.
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Customer reply replied 4 years ago

so if i am understanding correctly, he could go to family court and force visitation for the 15 year old even though we are still in mediation and the child does not want to go?

Dear Lee,

That is correct. While it would be more difficult to force visitation on the 17 year old, since the 17 year old already residing with the father, it is not an issue at this time, but the 15 year old can be ordered by the court to visit with the father.

I wish you the best of luck!
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Dear Lee,

Do you have any related follow up questions for me?
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Customer reply replied 4 years ago

not right now. thank u

Dear Lee,


I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.



I wish you the best of luck and God bless you!

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,723
Experience: Licensed experienced Attorney
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,723
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