If my daughter is 17 and refusing to go to her dad’s for a visit, is there anything he can do legally?

UPDATED: Nov 20, 2012

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If my daughter is 17 and refusing to go to her dad’s for a visit, is there anything he can do legally?

He is threatening bring the police.

Asked on November 20, 2012 under Family Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

With rare exception, a minor child cannot choose which parent they want to live with. You will need to bring the matter to court. A judge will determine this by looking at many factors (home environment, income and education of the parents, the child's relationship with each parent, reason for wanting the change, etc).

That having been said, while a child cannot choose where they want to live, if they over the age of 12, their preference is given more weight in a court's consideration.

However, until custody is modified, you must do your best to follow the existing order.


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