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When can a child in Nebraska legally refuse to go to the…

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When can a child...

When can a child in Nebraska legally refuse to go to the non-custodial parent for the summer visitation? The non-custodial parent is very controlling and will not let the 15 year old children go to their school-sponsored summer Wright program. They are involved in football and volleyball in their school. They will be 16 in October.

Lawyer's Assistant: What steps has the parent taken? Have they filed any papers in NE family court?

They have been to court several times. He went back to court in November to get custody of the boys and joint custody of the girl. The judge did not grant that. The original parenting plan granted their mother full physical and legal custody of the children, who were 7 at the time. The father got every other week-end, alternating holidays, and 6 weeks of summer vacation. He will not comprise on anything. He is bi-polar and narcissic. This was documated in the court records in the divorce trial. The children are triplets who are going to be sophomores in high school. He was controlling, and physically abusive to their mother, and after leaving several times, finally got out. He is still angry and does everything to try to get back at the Mother for getting out of the marriage.

Lawyer's Assistant: Have they talked to a lawyer about this yet?

Yes. The Mother has the same attorney she had for the divorce, but he doesn’t seem to think the kids can refuse to go if it’s in the parenting plan. Is there anything that protects the children under Nebraska law?

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

The kids have school permits and have been driving a short distance to their school from home for a year. They checked with the DMV and can legally drive from their fathers to their school for the summer conditioning program. The girl and her mother took the daughters vehicle to his home this week-end, so that they would be able to drive to their school for the weights and then return to his home. He started screaming at the girl, and demanded that she give him the keys, she did not, so he threatened to break the windows out of her vehicle, so she gave in. The coaches have reached out to him, explaining that the kids should be at their summer program and it did not do any good. He is an educated person (dentist). The kids are active in sports, get good grades, etc but he has always tried to control everything.

Submitted: 20 days ago.Category: Family Law
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5/29/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 20 days ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,165
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, a child can refuse to go to a NCP visit when the court issues an order saying they do not have to go or when the NCP agrees that they do not have to go. So, if the child is having these issues and the NCP will not let them participate in these events and you can prove that these events are in the best interests of the child, then you need to file a motion to modify custody/visitation and present the evidence to the court. Until the court issues an order, the child must still comply with the visitations and cannot legally just refuse to go.

If he is acting like this and you can prove that in court, then you need to file now to change the visitation/custody order to eliminate these visitations or order him to allow them to continue to participate in these activities.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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