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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A:
In most cases, visitation schedules outlined in a court order are legally binding, and both parents are expected to follow them. However, if your daughter is expressing discomfort with staying overnight, it’s important to address her feelings and try to come to a resolution that is in her best interest. Courts typically prioritize the child's well-being, and if she is old enough to express a preference, her wishes may be taken into consideration.
Since the visitation schedule is already set by a court order, the mother may argue that the arrangement should be followed. However, if your daughter is consistently unhappy or uncomfortable, it may be worthwhile to seek a modification of the visitation schedule through the court, especially if both parents cannot come to an agreement. This would allow a judge to evaluate the situation and possibly make a change to the arrangement.
It’s important to keep communication open with the mother and continue documenting any concerns your daughter has. If the issue continues, you might want to consult with an attorney to explore your options for modifying the custody or visitation order. The goal should always be to ensure your daughter's emotional and mental well-being while maintaining a fair arrangement for both parents.
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