Q: Can a mother force a child to stay overnight against her wishes?
I have visitation with my 9-year-old daughter from 10 am on Saturday to 4 pm on Sunday. She prefers to be at home at night rather than staying over, but her mother insists she must stay. I've tried talking to the mother about our daughter's preferences, but she hasn't agreed to a change. Can the mother force her to stay overnight despite my daughter's wishes?
A: I assume your custodial arrangement is in writing in the form of a stipulation or judgment which has most likely been signed by a Judge---assuming that is correct, then unless (until) it is changed, that is the rule/law of your case and is to be followed unless the parties agree not to do so. If you do not agree and feel it is not in your child's best interests to stay overnight with you, then you can return to Court and ask the Judge to modify the custodial arrangment------that said, I would also hope that you are working on your relationship with your daughter such that she becomes more comfortable and desirous of staying with you, including overnight, when it is your custodial time. Remember, it is entirely possible that if you give it up/decrease your custodial time, then you may not be able to get it back in the future. Good luck.
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