Q: My daughter had custody of her 12 year old son. My question is about visitation rights.
Her son decided he wanted to stay with his dad AND that he wanted no visitation with her at all, ever. My daughter believes that because he’s over 12 years old he can legally make both of those decisions. MY understanding is that he can decide where to stay but cannot make decisions or changes to visitation. Could you please clarify this issue?
A: It is sad when the children start making parenting decisions. Legally the order if there is one in place controls until it is changed. Therefore, your daughter needs to read it thoroughly and assert her rights as they are set out to the other parent. Further, I would also suggest that the parents try to discuss the situation before getting attorneys involved. If a modification is needed due to changes that the mother may want then we could certainly assist. If you need to reach us feel free to do so at 888-343-4529 or 888-3434LAW.
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