If my 14 year old son does not want to see his dad due to the constant fighting between his dad and dad’s girlfriend, what are our rights?

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If my 14 year old son does not want to see his dad due to the constant fighting between his dad and dad’s girlfriend, what are our rights?

Asked on October 9, 2012 under Family Law, Minnesota

Answers:

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

Answered 8 years ago | Contributor

If a non-custodial parent has court ordered visitation, then a child and the custodial parent have to comply with the order. If they don't, then the custodial parent can be held in contempt of court. However, practically speaking, you really can't force a 14 year-old to do anything.  So what you can do is to go to court to try and get the visitation portion of the custody order modified.

However, short of some sort of abusive or unsafe behavior on your son's father's part, you probably won't get anywhere; that is unless you can prove that the fighting with your son's father and girlfriend is putting your son in jeopardy. That having been said, considering he is a "child" over 12, the court may well give more consideration to your non-visitation request. Just remember, as the custodial parent, you cannot be found to have initiated or co-operated in any non-visitation incident. 


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