Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My ex-wife is telling my daughter that at the age of twelve she can make the decision to come and see me when she wants to. My ex-wife is very manipulative and has denied me my legal rights and has contradicted the divorce decree. She is also using rewards to get my daughter not to want to come and see me. We had to go back to court to get my visitation back. Will I need to go back to court to keep my visitation going at that time?
Is there an Oklahoma or Federal law stating this? If so can you give me the statute?”I know of no state in which a child gets to make the decisions regarding visitation once they reach a certain age. However, it is a very common misbelief that at the age of 12 – for some reason it’s always the age of 12 – a child can make that choice. So your ex-wife may genuinely believe this.
Question: In any event yes, unfortunately, if your ex denies your visitation, you will need to go back to court. In some states denying visitation is grounds for a change in custody.
