Q: Does my 12 year old have to have visitation with his father if he does not want to? There currently is no order.
The father has not had contact with my child since he was 3 months old. I am going for child support and I never have before. In turn, I am quite positive he and his parents will go for visitation. Will my child have to have visitation if he does not want to? He does not want to have anything to do with him or his family. Will my child have to go to court if he tries to get visitation? He is a very abusive man and I am scared to even go for child support because of this. Thank you.
A:
If he files for visitation, he will have to show that what he is asking for is in the child's best interests. The wishes of the child are a factor for the judge to consider in setting visitation, but it is only one of many factors listed in the law under Virginia code 20-124.3 (http://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/).
It is unlikely that your child will need to testify in court. You can request the court to appoint a guardian ad litem to represent the child's best interests. That is an attorney who advocates for the child and performs an independent investigation of the facts of the case.
You may wish to consult with a local family law attorney to discuss the specific facts and circumstances of your case before or soon after filing for support. Good luck to you.
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