My daughter is 13. We have joint custody but lives with her dad. She is currently mad at me and doesn't think she has to see me. Can I MAKE her visit me on my visitation time?
2 Answers from Attorneys
You can't but if the father fails to cooperate and make the visitation happen, you can hire a lawyer and the father can be found in contempt, be made to pay your legal fees and even land in jail.
A child under 14 cannot determine or select her visitation. A child 14 or over can elect not to visit but the court can still consider what is in the best interests of the child. The father should be encouraging your daughter to visit. If he is siding with her and saying she does not have to visit, he could be found in contempt, depending on the circumstances. I suggest you speak to a family law attorney who can provide better advice based on the additional information you will be able to provide in a consultation.