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.

Related Topics:
1 Lawyer Answer
Corwin Kruse
Corwin Kruse
  • Divorce Lawyer
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.