Legal Question in Family Law in Missouri
Court-Ordered Visitation
My ex and I have two daughters, ages 15 & 16. He lives in Missouri; we live in Alabama. Our oldest daughter has said that she can't wait until she turns 17, because she will then have the right to refuse visitation requests from her father. There is a long history of mental abuse from their father; however, he has been trying to change his treatment of them since our divorce in Missouri in 2006. Although their visits with their dad begin on a good note, within days they are depressed and requesting an early return home. It has been very difficult for me to talk my daughters through their issues with their father yet still remain supportive of their feelings from a lifetime of abuse. Is it true that at age 17, this decision can be made without me being held in contempt by the courts?
1 Answer from Attorneys
Re: Court-Ordered Visitation
Under Alabama law she does not have the right to make that decision for herself until she is legally an adult. If she doesn't go on the visits, you are the one at risk of being held in contempt. If you want to modify the visitation arrangement and you cannot get your exhusband to agree to it, then you will have to take him back to court for a modification.
However, if your divorce was in Missouri, I would suggest that you repost your question to an attorney in Missouri rather than Alabama. There may be differences in the law in Missouri that would give your daughter more rights. You could also contact your divorce attorney, and get his or her advice about how to handle the issue.
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