Nashville, TN asked in Family Law for Georgia

Q: My 16 year old daughter does not want to attend her fathers visitation every other weekend? Does she have a choice?

Visitation was arranged when she was a toddler. Her father has moved an hour away and her friends are here, sports, and school functions. Her father is behind on child support and has been found in contempt of court twice, currently if he doesn't pay a substantial fee by May 7th he will have a warrant for his arrest. Completely separate, I understand but she would like to be able to choose not to go some weekends and stay home. I agree with this as he does not attend her school functions or sports events but demands she not miss his weekends. The judge mentioned in the last hearing for contempt of court that she needs to visit him on his weekends but I did not get a chance to elaborate on this matter. I feel she is old enough to make this decision on the occasion.

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1 Lawyer Answer
V. Joy Edwards
V. Joy Edwards
  • Atlanta, GA
  • Licensed in Georgia

A: IT really depends on the Judge. Some Judges insist but most Judges understand that at 16 you cannot force a child to go on visitation. That being said, many people think that the law of the child being able to "chose" applies but it only applies to custody. You really need to speak with an attorney to to the case situated to get the best results for your daughter. We are happy to help.

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