San Diego, CA asked in Child Custody for California

Q: My 12 yr old and I live in CA. Her father in AZ. There is a custody agreement from 5 yrs ago.

He can come here every other weekend to see her. He has only done that twice. She is supposed to go to AZ for vacations throughout the year. She doesn't want to go. Her father tells her she doesn't have to visit him if she doesn't want to. Should I be making her visit him due to custody agreement?

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1 Lawyer Answer
Ms. Renee Marcelle
Ms. Renee Marcelle
  • Divorce Lawyer
  • San Rafael, CA
  • Licensed in California

A: It is not the first time that you will hear that move-away cases are extremely difficult. Based upon the studies in child-parent separation cases, the prevailing view in California is to ensure continuous and frequent contact between the parents and their children. A girl's good relationship with her father is known to produce good healthy future relationships for her. It is very uncomfortable to have these discussions between parents and with their children, but the importance of protecting child/parent relationships outweighs the boredom the child anticipates having when they are "forced" to be in the care of the non-custodial parent. The father agrees she shouldn't have to see him if she doesn't want should have no impact on the answer to this question. Father could potentially be naive about his own role and the effect it will have on her in the future.

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