Can a 16 year old decide when to come for visitation?

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Have visitation every weekend. Other has physical custody and is letting 16 yr. old decide when to come and not come. Visitation is in court papers. Other is not even related to child. Do they have a right to let child do what want? What rights do I have?

Attorney Answer

1
Carolyn Elsey ·
You can file a motion for contempt. A custodial parent generally cannot frustrate or undermine visitation, they have to make the child available for visitation. However, there's also the reality that older teens want to spend time away with friends rather than hang out with either parent. If the 16 year old is unwilling to talk to you about visits and work with you on a more appealing schedule, having a contempt motion would at least get the other parent a lecture from a judge about not letting children run the house.
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