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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28021
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My husbands minor children want to choose when they can come

Customer Question

my husbands minor children want to choose when they can come to visit they do not want to follow a court order and the mother is petitioning the courts to not have the children court ordered and to let them make the decision we live in louisiana
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no not yet
JA: Is there anything else the Family Lawyer should be aware of?
Customer: no we are up to date on child support and the only reason we are being given is because they don't like rules they are 10,13 and 16 we do not allow them to go where they want with just anyone and mom gives them free will. we have rules and she does not
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Good afternoon. As long as there is a court order in effect, the children need to go visit with their father. A child does not have the final say, if a parent is entitled to visitation and the mother who has custody now, needs to cooperate and allow the father to see/take the children, during his time. The fact that the children do not like the rules when with you and your husband, does not give them a basis to refuse to go nor would it give the mother a reason for the court to modify the visitation agreement and simply let young children decide. While she can petition the court, the burden would be on her to show it is in the best interest of the children to not visit. It would be hard for this to be done, unless she could show there was a risk of harm or neglect when in your care.
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any additional questions or needed me to clarify something? I am here to help, so just let me know.