Can a 16 year old change a joint custody agreement?

My daughter sometimes does not want to visit with father, who has not been around for almost 2 years. How can I make a 16 your old to do what she does not want to do? Can the she refuse to go with him? Can the police make her go even if she refuses?

Asked on July 22, 2012 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are in a very difficult position since it will appear that you ar the one that is not complying with the agreement, yet in reality it is your daughter.  What you can do is to bring an action to modify the custody and visitation agreement and your daughter can testify as to why she does not wish to visit any longer.  The reasons can not be that he is stricter or no "fun."  They have to be well thought out "grown up" reasons.  If she fees that he has been absent from her life and shows no interest at all then she needs to express that to a Judge.  Please seek legal help.  Good luck.

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