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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I am a single mom of a 14 yr old daughter. Her dad and I have

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I am a single mom of a 14 yr old daughter. Her dad and I have a Parenting Plan that names me as the Primary Custodial Parent and limits his visitation to weekend days only & every other year holidays (no overnights) due to history of abuse against me. I have been lax in keeping that stipulation of no overnight visit as I have had to work night shift and many weekends as an RN and need care for my daughter. At present, she is rebelling when her dad wants visitation. I have texts and e-mails to me from him verifying his continued verbal abuse towards me. I know I could enforce the letter of the Parenting Plan better, but does my daughter have any say in whether or not she has to see her Dad at her age?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

A child does not have a legal right to decline to comply with a court order of visitation. That said, you may petition the court for modification to the parenting plan to further limit the father's parenting time based upon your daughter's preference. At ageXXXXXwould typically give great weight to your daughter's preference.

Age is not the only factor that is considered by the court. Typically, the court will take into consideration the maturity of the child and the child's reasons for requesting the change.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 4 years ago.

Thank you. Also, the parenting plan was executed when my daughter was age 4 so many details are no longer relevant, such as day care issues. So, does the existing parenting plan still apply to specific issues of concern at this stage of my daughter's life? However I am thinking I should have it updated and modified. Your opinion please.

A parenting plan remains in full force and effect despite a change in circumstances unless the parenting plan has been modified. Therefore your outdated parenting plan still applies. I agree that you should have the parenting plan modified to reflect the current situation and your daughter's preferences.
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