Does a 12 year old child have to go to visitation with her parent?

Answer 1

If i were u i wouldn't have my child do anything he doesn't want to besides he is 12 yrs old i think he knows whether he wants to go or not if i wer you i would ask him how he feels about going to see his dad and if he didnt want to go then i wouldn't make him go.

AnswerIf Dad has court ordered visitation rights, then the child has to go. If he does not, then you (the mother) can held in contempt of court. If there is a legitimate reason why the child does not want to go, then you need to petition the court to change the visitation order. AnswerMy 11 year old daughter definitely does not want to go on visits with father. We are just starting process. I will have full custody. Father is a sex addict, views nake pictures on computer and my daughter caught him. She is very uncomfortable with him. she catches him staring at her and has woke up with him in the room staring at her. He is leaving to be with a Dominatrix Queen and I don't want her to go on visits with that kind of stuff. My two boys cannot stand my husband. They are 19 and 20. They have a choice. Does my daughter? AnswerThat is an issue that you must address in the court procedure before any visitation rights are allowed, not after. You must present substantial evidence that the minor would be harmed emotionally in order to support the claim. It is very rare for a judge to disallow visitation to a biological parent; it is more likely if the evidence justifies the action that supervised visitation would be mandated. AnswerMy Step-don was not forced to come to visits with us if he didn't want to. We were told that that was up to him when he was 12. He can get his own lawyer throught the legal aid and tell them what he wants for visitation. But I don't believe that you can physically force the child to go. That is abuse. I know that much.

Answer 2

Yes or else the parent with custody may be found in contempt of court and that could lead to a monetary fine and/or time in jail.

If the child has valid reasons why they do not wish to abide by the visitation order, the custodial parent, an attorney or guardian ad litem may petition the court of jurisdiction for visitation modification based on the same. The judge may request a meeting with the child or the parent or other agent may provide a letter from the child stating their wishes, and the judge may take them into consideration when and if making any modifications or changes. Generally, the older the child, the more weight given to their wishes.

However, again, this must be done "by the book". The child cannot arbitrarily decide they are not going to abide by a court order...not without the custodial parent suffering the fallout anyway.

Answer 3

If the visitation is court ordered, yes. If the child has a convincing and compelling reason or reason(s) why they do not wish to abide by the court ordered visitation decree, they can write a letter to the judge with jurisdiction outlining those things, or engage an attorney or guardian ad litem to petition the court on their behalf for visitation modification based on the same. The judge has no legal obligation to modify the visitation orders based on the child's wishes, but they will be considered. Ultimately, the judge will decide what is in the best interests of the child whether or not any modifications are made.