question about visitation

[Kimbers39]

My ex and I have a 8 year old daughter named Michaela.... I have full custody and the exsisting court order say he gets her every other sunday from 10am - 6pm....but now he is requesting weekend overnight visits with Michaela and I am apprehensive about it .....he does not pay child support (because he got fired from his job) even though the court ordered him to pay support in the sum of $232 per month.....Michaela does not want to go on weekend visits with him and he knows she does not want to go(she does not sleep well away from home and often cries if a way from home overnight) but he says she does not have a choice to refuse to go with him.....My question is do I have a right to refuse him access to her because of the lack of support

No--not because of the support issue. That is separate. But you can hold him to the times in the court order or have the order changed as well.

[missingmyhubby]

Originally Posted by Kimbers39

.My question is do I have a right to refuse him access to her because of the lack of support

not unless you want to be the one with visitation instead of custody, and untill your daughter is 18, she has no say whatsoever in the visitation matter, whatever the court order says goes. and like it or not, you both must abide by it

That is wrong you need to check you legal facts. Her daughter can choose when she reaches the age of maturity which can be determined by someone like a psychologist. Some are allowed at the age of 12. It goes according to a couple of things one being her state of mind and understanding. I have been down that road. sometimes you give advise you obviously do not know anything about!!!

the childs input can be a factor in some cases as she gets older, but the child does not get to choose till she is 18

Courts want both parents to have visitation if at all possible--even if the kids dont want it and dont like it!

Originally Posted by Unregistered

the childs input can be a factor in some cases as she gets older, but the child does not get to choose till she is 18

Courts want both parents to have visitation if at all possible--even if the kids dont want it and dont like it!

You are wrong and really need to check your facts. you need to go to a law library and start reading up on the subject. IT is 12 yr. old.

In what state is it 12?



New to Forum

[missingmyhubby]

Originally Posted by Unregistered

You are wrong and really need to check your facts. you need to go to a law library and start reading up on the subject. IT is 12 yr. old.

children may have a say in where they live at age 12, but they do not get to decide not to visit the op untill they are 18. just as they dont decide to stay out all night, or stay home from school.