Q: Hi there, I live in Marion VA. I have a daughter that is 15 years old. Can she have say so in visitation?
My daughter is 15. Her father lives in Kentucky. The visitation was set up when she was 6. She is getting older and would like to have some more say in the visitation scheduling. Her father said he wanted that as well. But, If it doesn't benefit him he doesn't want her to have any say. Should I take him back to court and try and change the visitation? Also, will my daughters feeling be taken into consideration? I just want to make things easier on her. I don't want her having to stay longer than she wants in a place she doesn't feel fully convertible. Thank you for your time.
A: One of the statutory factors a Virginia court must consider in visitation orders is the preference of the child in light of the child’s age and maturity level. Therefore, the court would not have put much weight on the preference of a 6 year old child, the court would give more consideration to the preference of a 15 year old child along with all the other factors the court must consider.
You should consult with a family law attorney to discuss the specifics of your case and to discuss your options, including the possibility of returning to court to modify the visitation order. Good luck
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