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If granted visitation can a father only take some of the…

Customer Question
If granted visitation can...

If granted visitation can a father only take some of the children and not all during a visitation?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Yes. There is 2 weeks in the summer. One of the sons doesn’t want to come and has been very disrespectful.

Lawyer's Assistant: Family law varies by state. What state are you in?

He is 16

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ohio

Submitted: 1 month ago.Category: Family Law
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Customer reply replied 1 month ago
Can we not take the child ?
Answered in 14 minutes by:
5/18/2018
Family Lawyer: LegalEase101, Lawyer replied 1 month ago
LegalEase101
LegalEase101, Lawyer
Category: Family Law
Satisfied Customers: 1,760
Experience: Lawyer
Verified

Hello, and welcome to Just Answer. I'm one of the legal experts here. I will be happy to assist you with your question.

Usually, it's the other way around - the child doesn't want to go, but the parent that he/she is supposed to visit is insistent about making him/her comply.

In your situation, if your 16 year old son doesn't want to come for summer visitation and you are not opposed to the idea of him missing it, it shouldn't be a problem for you to take the other kids and leave him behind with the other parent. This is, of course, assuming his other parent doesn't want to force him to go. So long as the parents are in agreement about a particular issue, including visitation, it's fine to deviate from the terms of your court order. It's when the parents don't agree that problems arise.

I hope this helps. If it does, I would appreciate it if you would give me a positive rating, as this is how I receive credit for my work from this site. If you need any clarification on my response, please ask. Thanks.

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Customer reply replied 1 month ago
if the other parent forces him to go we have to take him?
Family Lawyer: LegalEase101, Lawyer replied 1 month ago

Unfortunately, yes - if the other parent forces him to go, you have to take him. You could be held in contempt of court if you don't. Technically, children have no right to refuse to comply with a visitation order, even when they get to be your son's age. When he gets to be 18, he will have the ability and legal standing to voice his opinion.

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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).

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