Asked in Family Law and Child Custody for Minnesota

Q: My 11yr old doesn't want to go.

My 11 year old daughter doesn't want to go to her dads. Her father and I were NEVER married we live in MN He has no legal or physical custody and there also is no parenting time. He does pays child support now(going on 3yrs). For the last 8yrs I have let her go with him every other weekend(other then when she wanted to do other things, his choice to let her not mine. And for the 1st year of our split he was trying to get a place but ended up living with his mom and still does) Before that we tried to make it work between us but he was extremely mentally abusive with me. An was finally mentally strong enough to leave him almost 9yrs ago. He says he wont make her do something she doesn't want todo but I think he is going to try to. (He wants her to meet his new girlfriend and she doesn't want to) idk what to do please help me. Edit* the child support is court ordered.

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1 Lawyer Answer

Corwin Kruse

Answered
  • Divorce Lawyer
  • MINNEAPOLIS, MN
  • Licensed in Minnesota

A: You've indicated that the father has no legal or physical custody and no parenting time, but that he does pay child support. You haven't stated whether or not he has been adjudicate the father or whether the child support is court-ordered (which would require such an adjudication) or voluntary.

If there is no court order granting the father any custody or parenting time, then he has no legal right to any parenting time. Accordingly, you are not obligated to allow your daughter to spend time with him. Of course, if there is no order for child support, he may decide that if you won't let him see your daughter, he will stop paying. As with parenting time, unless there is a court order, he has no obligation to make such payments.

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