QUESTION
Can a 13 year old say he does not want to visit his father anymore:
Asked on Nov 12th, 2013 on Family Law - Iowa
More details to this question:
-stepmother said to child "I hate You." several times. -constant yelling between father and stepmother -father drank antifreeze and said wife tried to poison him -father does not spend time with child -father's step daughter age 14 told her mother, (father's wife) that she did not want to come over anymore and mother said "fine" -father thrown in jail a few months ago for physically fighting with stepdaughter's father -father has no job -father is late in child support payments for the child who wants to stop seeing him -child has wanted for several years to stop visits
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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A child does not have the right to stop visitation. I'm assuming that a court has ordered visitation. Once the court has ordered, it is up to the court to modify- not anyone else including the child. Failure to provide the child for visitation could result in contempt charges against the parent claiming the child does not want to see the other parent.
At the same time, you cannot place the child in danger. It would seem that the current situation could be dangerous for the child. You might want to contact DHS to investigate whether the child is in danger if he/she visits the other parent.
You can go back to court to modify the custody order if you feel that is appropriate. However, child support does not affect visitation/custody. These are two separate issues.
Answered on Nov 17th, 2013 at 4:50 PM