Wednesday, August 28, 2013
Visitation
For some reason, lots of people think that once a child gets a certain age they can choose not to visit the other parent. The answer like most things is a definite maybe. The central issue seems to resolve around whether the other parent is withholding visitation or interfering with visitation as opposed to the child will just not go. Take a look at Bowen v. Bowen, 107 So.3d 166 (Miss. App. 2012). A copy is located here. From my reading of the opinion, it is not contempt as long as the parent is playing no part in not allowing the child to go while not discouraging the child from going. This is a tricky area and extremely fact specific. Lots of time an expert may be helpful to determine if there is a parental alienation issue or if the child just really does not like the other parent for whatever reason justified or not.
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