Q: Can my 13 year old step-daughter make the decision not to come visit us?
My husband's ex-wife is allowing my step-daughter to decide whether or not she wants to come visit us before her father is sent to Korea for 12 months. The custody arrangement states that he is allowed visitation whenever feasible due to his active duty military status. Is his ex-wife allowed to dent us a visit based on my step-daughter's preference?
A: In Virginia, the preference of the child is one of many factors (10) the court considers when making a decision regarding custody and visitation. Further, the child's preference is only considered if it is reasonable and the court deems the child to be of reasonable intelligence, understanding, age and experience to express a preference. Your statement indicates that there is a "custody arrangement." If there is a custody order that allows for visitation, the order should be followed.
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