Does my child have to visit her mother for the summer if she does not want to go?

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Does my child have to visit her mother for the summer if she does not want to go?

My 13 year-old does not want to go to her mother’s house for the summer. My daughter and I live in CA and her mother lives in MD. By law am I to force her to go?

Asked on June 21, 2011 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

Listen if it is part and parcel of the divorce agreement then you either need to encourage her to go or negotiate a agreement with your ex wife as to changing the agreement (and do so in writing please) or bring a motion in to court to modify the agreement and there had better be good enough reasons to do so.  She is now probably old enough to testify and the court will ask her why she does not want to go.  She needs a really good answer for the judge and a really good reason - not just that California is cooler or that her Mom is too strict.  Maybe you can modify the amount of time giving her more at a different time of year if your daughter wants to participate in programs in your area like the rest of her friends.  It is hard at this age.  But you can not violate the order and the courts hold parental time in high regard.  Good luck.


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