Q: My Daughter in law is 18,her mother wants to see her but she refuses to see her,can a judge obligate her to see her mom?
Her mom took my son to court saying he won't let her visit but this isn't true,only not at our home because she is a problem person
A: Hello and thank you for using JUSTIA. Being a minor of 18 years old the Mother still has legal custody over her. Unless your son and her are legally married or she is legally emancipated, your daughter in law is still a minor under the custody of her parents. It is very unlikely that a Judge will obligate her to visit her Mother. However the Mother can request that the Court order the daughter to return to the custodial home since she is still a minor under the custody of her Mother. My best advise is that the daughter and Mother come to terms and find some common ground to create a visitation plan. This will avoid future striff between all the parties involved including your son.
Jose M. Rivera Santos agrees with this answer
A: It all depends on whether she’s legally married, in which case she would be legally emancipated, or is she’s not, her mother has parental rights and custody over the minor and she could request a court order to enforce her parental rights, her to custody and/or visitation, depending on the situation at hand. It is public policy to promote the family bond and relationships so it can stay unified, but there are different situations and circumstances in which your daughter in law can request an order from the court so she can refrain from seeing her. Such as situations caused by problematic behavior that may escalate an affect the well being of the minor. If you have any other questions, feel free to contact us. We’re glad to be at your service.
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