Saturday, July 31, 2010

When can a child refuse to visit with the other parent?

I live in Ga. My girls do not like going to visit their father. They only go because he has threaten to send me to jail. He continues to have me tied in court over BS. THe girls don't like the wife ( as she is the ring leader in all this mess). Its a depressing scene when i have to get them ready to go. What can i do? When is it legal for them to say NO. They are 13 and 11.When can a child refuse to visit with the other parent?
If they do not want to go to the visitation, then I would take this to court. File a Motion to Modify where you can request that the visitation be changed. When you do this, be prepared for a legal battle, though. In the meantime, document EVERYTHING.





First thing to do would be to get a Guardian Ad Litem for the girls. This GAL will look at all the facts and use them to determine what really is best for the girls. At their ages, the GAL will also take into account what they want when he/she talks to them. 90% of the time, a judge will go with the recommendation that a GAL makes with regards to custody of the children.





For now, though, I would keep making them go to the visits because he can hold you in contempt of court otherwise. Don't let on to them that you are taking him back to court because then he can claim that you are trying to alienate them. Just continue following the court order until you have another one in place. It will show the judge that you do respect what the courts ordered and are trying to do what is best for your daughters through the proper channels.





Good Luck!





Oh - and one more thing - his new wife will not be allowed in the court room or the mediation room without your consent as this is considered a family matter and only includes the parents of the children. If she is as nutso as it sounds, though, it may be good to let her come in and prove your point for you (that she is behind it all). We did that with my husband's ex-wife - didn't have to tell them she was psycho because she did it for us! lolWhen can a child refuse to visit with the other parent?
Well, the legal age to make that decision depends on your state. You will have to contact your local Family Court and find out if they are old enough and what actions you need to take to 'get the ball rolling'. However, you also need to talk to the girls, your ex, and his new wife to find a way that you call can come to terms w/ visitation so that he can still be involved in their lives. It could be that the girls have never learned to visit their father and step-mother and enjoy themselves because they feel guilty about leaving you behind or that it may hurt your feelings. It is your job to let them know differently. I just hate to see the girls miss out on having a father than wants to be involved so think long and hard before you pull the plug on their visits.
He is their FATHER. . You need to think carefully about this. You CHOSE him as the Father of your children and you must therefore have thought that he was good enough. The children have picked up on your loathing of his new wife and it is causing distress. What exactly is she the 'ring leader' of? If she is unkind to or difficult with your children then you need to speak to your ex husband about how he can see the girls on neutral territory but you DO NOT under any circumstances (particularly spite on your part) stop the children seeing their Father.
Legally, I believe they're old enough to decide.





But..... you as a mother should be encouraging a healthy relationship between them and their father. Regardless of a new wife, or how many times he takes you to court, he's still their father.





Just remember, every time you bad mouth him, that your the one who chose him. Not your children. Don't make them suffer for your mistake. If you don't like him that's your problem. NOt your children. They should look at him and think they have the greatest dad in the world. You may not realize it now, but they need their dad in their life.



I would call the court and see if you can speak to someone there.... But I know at 12 yrs old they can make a decision if they wanted to live with the other parent, so I would think they can decide the same here.. What a terrible situation for them. I feel for you and them.
They should be old enough to go to court and tell the judge how they feel.
All you have to do is get them ready to go. You don't have to do or say anything after that. Getting them from the house to the car is his problem. If they want to fight, scream, throw fits, etc. then let them and then let him deal with them.


I can't believe a father would FORCE them to go with him like that!! I have two young step children (4 %26amp; 6) and we never FORCE them to go anywhere. If they are with my husband and I and they would rather spend a few more nights at our house, we don't make them leave and vice versa for when they are at their mother's house and don't want to come to ours.





You can file a motion at the court to have the visitation schedule revised and the girls will be appointed a guardian ad litem who will evaluate the situation and advise the judge on what is best for them.





As far as the legal age at which they can refuse... it depends on your state. I'm fairly certain that your oldest daughter is of age, but your younger one might have another year or 2, that being said...being that your oldest daughter is likely of age, I doubt a judge would grant the wishes of one and not the other, so things look hopeful for you assuming that this isn't just hatred for the new wife being blown out of proportion.





Also, and I'm not making a dig at you or anything, so don't take this the wrong way...


Are you certain that the girls are giving her a fair chance? It is her home too. I'm just suggesting that you look at it from an unbiased standpoint.





Good luck!

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