When does child have rights to visit or not

Chambers County:

This past weekend, my 13 yr old daughter called me to pick her up from her father's house due to an arguement they had. It was his weekend. He called local law enforcement and I was informed that as long as there was no apparent sign of abuse, she would remain in his custody. The officer further stated that once she turns 14, then she could refuse to stay.

My understanding from my standard visitation orders is that I have to make her available during his scheduled visitation, but I do not have to force her to visit. Furthermore, there is also no mention that she can't terminate her visit.

My questions are:
1. At what age can she determine whether to visit her father or not?
2. Does she have rights?
3. Do I have to force her against her will to visit on his weekends?
4. If not, what legal recourse does he have?
5. Will I have to modify my current orders to reflect this?

She cannot choose whether she visits or not - at least not until she is 18. The officer was NOT correct.

She and you must abide by your current court orders.

If the orders say that Dad can come get her on Saturday, you need to make sure Dad can come get her on Saturday whether or not she wants to go.

Living Well said:

Chambers County:

This past weekend, my 13 yr old daughter called me to pick her up from her father's house due to an arguement they had. It was his weekend. He called local law enforcement and I was informed that as long as there was no apparent sign of abuse, she would remain in his custody. The officer further stated that once she turns 14, then she could refuse to stay.

My understanding from my standard visitation orders is that I have to make her available during his scheduled visitation, but I do not have to force her to visit. Furthermore, there is also no mention that she can't terminate her visit.

My questions are:
1. At what age can she determine whether to visit her father or not?
2. Does she have rights?
3. Do I have to force her against her will to visit on his weekends?
4. If not, what legal recourse does he have?
5. Will I have to modify my current orders to reflect this?

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As Pros stated she has no say so. If it is his weekend then your daughter does not have a say so... she must go...Texas law does not give a child a formal role in deciding anything other than primary custody. A child cannot sign a form saying what days or hours he/she wants visitation to occur. However, a child's wishes on the details of visitation can be considered by the judge either as a result of an interview in the judge's office or as reported to the judge by the amicus attorney, a custody evaluator or the child's counselor. As long as no abuse of any kind is going on than you guys must follow the orders. She cant not go because of a argument nor should she be allowed to, children need BOTH parents in their lives. Hope everything works out for everyone.

I agree the officer is incorrect. This is a civil matter not criminal so police generally do not get involved in these disputes. You are in contempt if you do not send the child to visit. Dad has the right to discipline the child too, ground, etc so if she does not want to visit because of that, that is totally unacceptable. Texas has no such law that the officer mentioned. How do you know the argument was Dad's fault? If she is anything like most teens, I can almost guarantee she probably started it or did not like a rule in Dad's house. Tough luck. She still has to go.

Thank you all for your input. I stayed as vague as I could in my description, but this is much bigger than just an unruly teenager. I agree that rules should be followed and I do not allow her to jump ship based on her likes/dislikes.

I just needed to know if she had any rights. My oldest was able to choose and visitation only when it is mutually agreed upon (court ordered that way. However, the youngest still wanted to visit so I kept standard order.) I was hoping to stay out of the courts as lawyer/court fees are painful!

Up until now, Dad was letting the youngest choose whether to visit or not.

Thanks again.

A child is not considered a person under our laws.
A child possesses certain expectations, but only persons have rights.
Any rights (or duties) owed to a child, flow through their parents.
The parent or guardian has standing, and as such, they have rights.
But, you can always litigate visitation.
Courts often make changes upon parental motions.

army judge said:

A child is not considered a person under our laws.
A child possesses certain expectations, but only persons have rights.
Any rights (or duties) owed to a child, flow through their parents.
The parent or guardian has standing, and as such, they have rights.
But, you can always litigate visitation.
Courts often make changes upon parental motions.

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$$$ This is what I was hoping to avoid! $$$

children dont decide

Living Well said:

Thank you all for your input. I stayed as vague as I could in my description, but this is much bigger than just an unruly teenager. I agree that rules should be followed and I do not allow her to jump ship based on her likes/dislikes.

I just needed to know if she had any rights. My oldest was able to choose and visitation only when it is mutually agreed upon (court ordered that way. However, the youngest still wanted to visit so I kept standard order.) I was hoping to stay out of the courts as lawyer/court fees are painful!

Up until now, Dad was letting the youngest choose whether to visit or not.

Thanks again.

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the only right your daughter has is the right to do as she's told.she does not decide, unstill shes 18, thats shes not going to dad's wehn its his time, just as she doesnt decide what time she comes home, wether or not shes going to school, or do her homework. if you let your kids decide, they could eventually be seeing a lot more of dad and a lot less of you, because theyll be living with dad and visiting you

Refusing To go

This is an issue that's frequently brought up, along with the right to choose what parent they wish to live with.

This issue particularly arises as children enter their teen years. They don't want to be required to spend time with a parent, either parent. They think of themselves as almost adults, and thus can make their own decisions.

Let me start with the view on one teen on Joint Physical Custody.

Equal Time - A Teen's Views On Joint Custody
How I divide my life between my divorced parents' homes.
By Charlotte Juerge - Newsweek - Dec 15, 2008

"My parents divorced when I was 2 years old. Because I was so young, I cannot remember anything of how the divorce actually felt at the time. But 12 years later, I am quite content with my life and my parents. Unlike many divorced couples with children, neither parent has primary custody of me, but rather, I switch between my parents' houses every other day, spending roughly equal time with my mother and my father. "

For younger children, the argument can be postulated that Parental Alienation may be involved. This is a controversial issue with arguments presented on both sides, but cases involving child abductions where the abductor simply wanted a child, has shown how easy it is to alienate a child, from both parents. But, even teens can be alienated from a parent, or both parents.

The main issue here is not their right in choosing to spend time with the other parent, but their right to ignore and dishonor the authority of the family court. One has to wonder how many males that ignore child support orders were raised to believe it okay to ignore any family court orders, which includes the visitation orders?

If a child, whether by choice or through the influence of a primary parent, doesn't wish to spend time with the other parent, this issue has to be first brought before the court for consideration. The child can explain to the judge, outside the presence of either parent, why they feel it's in their own best interest as to why they no longer have a need for the parental influence of the separated parent?

There are reasons for the need of two parents, but if the child(ren) are getting tired of switching homes, perhaps it's time for the parent to be doing the switching.

This is what I suggest to the kids faced with choosing which parent to live with.

As an alternative, why not ask for Joint Physical Custody Of Your Parents?

Tell them that you want to remain in a home, and each of them there for three weeks, than switch. Once night a week, the parent not in residence takes you out to dinner or some other activity. While in the home, the resident parent does not date, or have overnight guests, other than relatives.

On the off weeks, the parent rents a room, stays with relatives, their friends, or they can split the cost of a two bedroom apartment, with each having their own bedroom.

The priority here is you not having your life disrupted by their choice not to be together. Their lives are equally disrupted and they split the cost of your home.

The support amounts each parent are obligated to provide for your care can go into a TRUST FUND. From the trust fund, expenses for the home and your standard expenses, are paid.

All this follows in accordance with federal laws dating back 100 years as regards Trust Funds that have been established for guardians to draw from when parents have been killed in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses.

Any money left in the account would collect interest and be available for emergencies, or special expenses, such as part of the cost of a car, or a college education.

This is called Bird Nest Custody. YOU STAY IN THE NEST WHILE THE BIRDS TAKE TURNS BEING THERE.

One of our many problems in this country is we allow children to make decisions in a complex, technological driven society. We are not a nation of goat herders, where you are considered am adult at 10 years old.

Herding goats doesn't require a great deal of intelligence. Goats are not smart animals. Yet, living in our complex society does. The parents of these confused kids should protect, nurture, and educate them; not use them to punish each other.

Children require parenting, otherwise they'll receive incarceration. Children are unable to make complex adult decisions, yet there are those that endorse the ridiculous practice.


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