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Speak Up! - View Question #109 |
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Question: I live with mom who has sole custody. Can dad/ judge MAKE me visit him? AND My mom has full custody & my dad has visitation rights, but he's physically & verbally abusive to me. Do I have to see him if I don't want to?
Answer: The answer to whether a judge can make you visit your father depends upon how old you are. If you are younger than age 16 the judge may order you to see your father, and your mother is required to make you go or to take you. The state believes that it is good for kids to have a relationship with both parents unless evidence is presented to the judge to the contrary. Usually, this must be evidence of a very bad act on your father's part which can harm you. Just not getting along with him is not enough. If you don't want to visit and the judge has ordered visitation, your mother can ask for modification of the order, but she will have to give the judge a good reason. The legal rule that the judge must follow is whatever is 'in the best interest of the child.'
However, even where the judge feels visitation is 'in the best interest of the child', where the child is mature, about 16 or older, visitation may not be workable if the child is dead set against it.
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