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Can a 8 & 9 year old tell their Mother that they do not want to visit for the summer with their Dad. Mother refuses to send.

Sanford, MI |

Divorce was in Michigan. Mother remarried Army man who was stationed in Texas. Since has gotten out of Army. Mother refuses to send 8 & 9 year old to see Dad because kids state he works too much. How can she refuse to make the kids come on their court ordered visitation? Mother does this on Christmas visitation too. Mother was supposed to move back within 100 miles of Dad if husband got out of Military, she refuses to do that too. She is trying to take away his rights to know his children which he adores and sends child support for. She won't even tell him when they start school, end school or know which school they are in.

Attorney Answers 2


I would kindly but strongly recommend the father ASAP consults with a Family Law Attorney to file a Motion addressing ALL the open issues with the Judge, such as refusing parenting time and not informing the father about school details, etc. IMHO, an 8 or 9 year old should not be allowed to dictate when they see their father. However, the father also needs to ensure he is actually present and "active" with the kids during his parenting time. I wish you all the best of luck. Warmest regards, Matt Catchick.

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The children can complain to mom that they don't want to visit dad all they want, but at the end of the day dad is entitled to parenting time per the court's order. If mom wishes to modify the current arrangement, she would have to file a motion to modify and show that it is in the best interests of the children that dad not receive parenting time under the current arrangement. Although the children's objections to the current arrangement will probably be considered in determining what is in their best interests, it is unlikely that those objections alone would be enough to convince a judge that parenting time with dad is not in their best interests. In the meantime, I agree with Mr. Catchick that dad should consider hiring an attorney and filing a motion to enforce the current order.

My answer should be construed as general information only, and it should not be considered legal advice. No attorney-client relationship with me has been created until I have signed a retainer agreement. Please contact my office at 586-268-2400 for a free initial consultation.

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