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kewkew34 · Dec 31, 2011, 04:27 PM

I just received a phone call from my ex, who just recently was awarded primary physical custody of our 15 yr old daughter. I am supposed to see my daughter 2 out of 3 weekends plus quite a bit of the summer. According to my ex, she is saying that when she turns 16 she will not come over to see me anymore. Can she legally do this? My ex says he will not make her come over if she doesn't want to.

Fr_Chuck · Dec 31, 2011, 04:51 PM

Hard call, if the ex is causing this to happen then you can file in court against them. Why would the child not want to come to your home ? Why was there a change in custody?

You can of course take the mother to court for contempt if she does not make the child available to you.

joypulv · Dec 31, 2011, 04:56 PM

No, you can still make her come. But why not have a talk with your daughter? Many teen girls go through a stage of preferring fathers over mothers. Let her talk without grilling her about her feelings, her plans, her future, does she have a boyfriend or best friend? It might not have anything to do with you. She is right on the edge of making adult decisions. At least help her feel that she has some input, and maybe compromise a bit on the amount of weekends, or keep it open. A teen usually has a really full schedule too.

ScottGem · Dec 31, 2011, 05:03 PM

The custodial parent is required to make the child available for court ordered visitation. They are required to NOT interfere with such visitation. However, they are not required to force the child to go.

I think knowing why custody was just awarded to the father(?). Also have you confirmed this with your daughter? Why did she not tell you herself? If you want to force the issue you will nave to go back to court. But if it really is your daughter's choice it is likely the court will go along.