I have full custody of my daughter. the divorce decree custody states that visitation to her father is every weekend.

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the divorce decree visitation was established when she was only 1 years old and she is now 13 years old and she would like to only go to her fathers house every other weekend now and not every single weekend because she would like to do things with her friends. My ex-husband is being very difficult about accepting this change and insists that she go to his house every single weekend.. I have been told hat she should have a choice at this age and she should be able to stay home every other weekend. My ex-husband keeps referring back to the divorce decree. Does my daughter have a choice or do I need to get this changed through the court? Thank you so much for your help.

Attorney Answer

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Peyton Hunley RobinsonTax LawyerSalt Lake City, UT ·
If the divorce/custody order states every weekend, but you want to change it, then you would need to go to court to get the change approved. Otherwise, if you resist, and your ex wants to try and enforce the original order, you would likely end up in court anyway. Your daughter does not exactly have a "choice," but she is old enough to express her opinion and rationale (to explain it to the judge). Her opinion and concerns would be taken into account. If you have a lawyer whom you trust to help you with this matter, then you should call that attorney to discuss your next steps to get the matter settled. Things change with kids, parents move, financial situations change....this is not unusual to have to go back to court to get something modified. For general info on custody, see -- http://www.utcourts.gov/howto/divorce/custody.html (there is a part there discussing the modification of custody orders). My firm handles family law matters. If you need a referral, you are welcome to give me a call.
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