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Our daughter is 15 and does not want to go out of state to see her father. Does she have any rights?

1 Answers. Asked on Jul 11th, 2017 on Family Law - Wisconsin
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Our daughter is 15 and does not want to go out of state to see her father. Does she have any rights? He has never paid support and would like to obtain custody despite unemployment for one year. He is using the claim that I am alienating her from him, not true.
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Answered on Jul 12th, 2017 at 7:08 AM

This is a frequently asked question. I have written blogs about this very toppic at our firm's web site under family law issues. Under Wisconsin law, a child never gets to decide how much time they want to spend with the other parent or whether they want to visit the non placement parent. The child's wishes is a factor for the court to consider under the custody statute, among many factors that the court must consider. The wishes of the child are to be conveyed to the court by their court appointed guardian ad litem. So, you run the risk that if you hold the child back from visiting her father, he slaps you with a contempt motion for interference with his visitation rights. Unless the child would be endangered by visiting her father, you have to promote the visitation and presumably force your daughter to go. I  realize that is not what you want to hear. 

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800

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Family Law
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