Has she told her father that she doesn’t want to go for the entire time? That may make this whole thing moot considering she’s 13, but also considering she’s 13 she could possibly change her mind. Would it make a difference in your decision if she does want to go? I assume that he has just moved to FL, otherwise, hasn’t he taken her there prior to this? If there are no specified dates then fighting you on this would be pointless as it is left up to your discretion and your permission. I don’t think you have much to worry about on this unless you don’t want her going and she ends up wanting to go. Then you have her and your ex fighting you about it.
Thanks for your input. This weekend is the first time he has mentioned the subject and she told him several times she does not want to go for a whole month, but, he just keeps on and on about it. He has lived in Florida since we split up (he left me to live with another woman there) and she has visited one or two times for a few days and felt like she was a fish out of water. The woman he lives with yells at her and he works alot so she would be spending alot of time alone with her and she doesn’t want to do that. I would be very suprised if she changed her mind and wanted to go, but, if she did, I would try to work it out. My concern is him. He doesn’t listen to her opinions and feelings and he is very hardheaded. In the past when things haven’t gone his way he has either taken me to court or has made threats. I really want to know where I stand legally. I also am not sure I want her staying at his place alone in a state she is not familiar with with no one around that she knows. I don’t even know what type of a place he lives in, I think it is a trailer park. I just don’t feel comfortable with her being alone 3-4 days a week in this type situation.
Carolinagirl
Dear carolinagirl:
Greetings. It is unlikely that the court will take into account your child’s opinion on visitation. Taking your child to court is almost never in a child’s best interest. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I hope it doesn’t come to going to court because I don’t want to make my daughter go through that - she gets upset and cries at the thought of spending that much time away from home with her dad.
My basic question is - can he take me to court to push the issue if he wants to? Can he have the courts change the visitation and make her go? That just doesn’t seem fair - especially since she will be home alone in a strange place 3-4 days a week.
Carolinagirl
Dear carolinagirl:
Greetings. Yes, he can push the issue and make her visit, but technically it would be up to the court as a final decision, and not him. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Hi - My ex and I have been divorced for 5 years. The visitation for our daughter does not specify any specific amount of time she has to spend with him during the summer or at any time for that matter. In the past she has spent a week with him every summer. This coming summer he wants her to go to Florida with him for the entire month of July. Per our legal agreement, he has to get my permission before he can take her out of state and he has to clear all details with me before he is allowed to get her at any time. I have always worked with him and made her available to him as he has requested. My question is - if I tell him he cannot take her to his and his live-in girlfriend’s home for an entire month in Florida (where he told her she will be left at his house 3-4 days a week alone while they work) can he take me to court and fight me on it? My daughter will be 13 by then and she definately does not want to go for a whole month. If we do end up in court - will the judge take my daughter’s opinion into consideration? I am trying to find out this information so when he approaches me about the subject - I can respond in an educated manner.
Thanks for your help!
Carolinagirl