If it turns out to be true that my child does not want to see me during visitation do I have legal standing to force her to be with me during my scheduled parenting time?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.
Most states have adopted parenting time guidelines to guide parents in resolving parenting time problems without the need to involve the courts for each issue that arises.
Where I practice, the guidelines state, “Parenting time is both a right and a responsibility, and scheduled parenting time shall occur as planned. If a child is reluctant to participate in parenting time, each parent shall be responsible to ensure the child complies with the scheduled parenting time. In no event shall a child be allowed to make the decision on whether scheduled parenting time takes place.”
As such, it would be the responsibility of both yourself and the child’s mother to ensure the child complies with the scheduled parenting time. You should determine whether your state has similar guidelines to guide parents in dealing with parenting time issues.
If not, you may have to request that the court order that parenting time take place as in the prior order and that the parties require the children to participate in the ordered parenting time.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.