What if the child does not want to see the other parent?

North Carolina Divorce Law Divorce and Separation Answers
1

I have a 13 year old daughter. She does not like visiting with her father. She is uncomfortable in his house and they constantly have conflict when she is there. I get texts from here everytime she is over at his house saying how she hates it there and how she hates him and wants to please come home. We have a mediated agreement (in draft form only) for joint custody. Does she have any say-so in this situation? Does she have to visit with him if she is absolutely against it?

Also, my 18 year old son is graduating this June. Is he eligible to make his own decisions about with whom and where he wants to spend his time?

2

If there is no Order in place you do not have to send your child to her father’s house.

Your son can make his own decisions in June.

3

You should also realize that if there is no order in place or custody is decided by agreement, you both have equal rights to custody. Your children have a right to spend time with their father just as they have the right to spend time with you. It would look better to the courts if you encouraged a visitation schedule rather than refusing to allow visitations without a custody order or agreement.