If my 16 yr old daughters father said he isn’t going to make her visit if she doesn’t want to, does she have to when he wants her?

Question: If my 16 yr old daughters father said he isn’t going to make her visit if she doesn’t want to, does she have to when he wants her?

He told her a few years ago that she didn’t have to go visit, he only wanted her to visit when she wants to. Now she is involved in a lot of school activities that interfere with the weekend schedule, plus when she gets upset with him she doesn’t want to go. Do I have to force her to go? This then creates anger towards me, and sometimes I agree with her.

Answer:

No, you do not have to make her go. As long as dad and you are in agreement that she does not go, you are fine with letting her skip the visit. It is important that you are able later to prove that dad agreed to the non-visit(s), so get something in writing or a clear email communication between you that states at the least, that you are all in agreement.

Also, the same rule applies to future visits, and any time dad decides that he wants to follow the court order you must then do so, however, on a visit by visit basis, you two (the parents) can make changes.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-Wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
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West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

Read more of Glendale child custody attorney Patrick Sampair’s answers on Avvo regarding visitation rights, or if you have a question for Mr. Sampair ask him directly through The Sampair Group’s Facebook page.