I want know if a 16 year old girl can say if she wants to stay with her mom; if she can? She does not want to visit dad. And what do I do to make her wishes granted? We are divored and remarried to other people and have joint custody. Mom has primary vistation. Girl feels trapped by court order and being forced to go to dad’s. Please help. We are bound by a court order.
First, the court must make a determination that the child is competent to testify. At 16, this is usually a fairly easy hurdle to get over. Next, if a child can articulate why he/she has a preference and has sound reasoning, a judge will likely take what he/she has to say into consideration when making a decision. You should file a motion to modify and have the child testify. You can ask that the testimony be in chambers, but it is up to the other party whether they will agree to that.