Legal Question in Family Law in Michigan

When may a child choose not to go on visitation.

My husband has joint custody of the kids with his X, and he has physical custody. His son is now 13 and is having conflicts with his mother and does not wish to go over there on the her weekend. Do we have to make him since he is 13?


Asked on 5/19/02, 9:16 am

2 Answers from Attorneys

Timothy Trichler Timothy R. Trichler - Attorney and Counselor at Law

Re: When may a child choose not to go on visitation.

Greetings; This is a very common question. In Michigan, a child does not have the right to choose unless the court order says that the child does. Most orders do not say this. So, until your court order is changed, the child must go. If you do not send the child, you may risk having the court find you in contempt. I suggest you try mediation or family counseling to try and resolve this before each side spends a lot of time and money arguing in court. Good luck. Atty. Trichler; www.trichler.com

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Answered on 5/19/02, 10:07 am
William Stern William Stern, P.C.

Re: When may a child choose not to go on visitation.

Although it becomes more difficult as the child gets older, it is very unwise to allow a child to control the situation for lots of reasons. He should be encouraged as strongly as possible to go see his mother. This will aid his relationship with you in the long run. For a child to control the situation and decide to stop visitation (unless abuse is happening), will ruin his relationship with his mother, will ruin any possible communication between the mother and father and will not help you in the long run. By standing up for the respect that his mother deserves and honoring the mother/child relationship, and explaining it in those terms, you will look a lot more principled in his eyes and gain great stature in your long-term relationship......not only iwth the child but with your husband. Bill Stern

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Answered on 5/19/02, 8:17 pm


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