If this doesn't work, it might be a good idea for your attorney and you to have a serious face to face talk. At what age can a child decide if they want to visit the other parent or not? Tell him that maybe you can work together to find some alternate solutions that will work. The child doesn't get to decide until the age of 18. When a child reaches the age of 16 they are legally able to decide where they wish to live unless there is a residence order or child arrangements order specifying living arrangements which lasts until a young person is 18. Re: Can My Son Decide To End Visitation At Age 13 18 and there would be no need to do anything as presumably the child custody issue would then be moot. West Virginia custody laws generally consider the preferences of children 14 and older to be well-reasoned and sufficiently mature. Answered in 5 minutes by: 3/27/2008. Modifying the Custody Order. Is he encouraging them to go? What is child visitation? Applicable here is the second ground. Talk to your ex about the kinds of options I've suggested above. When she was 7, she wanted a relationship with him and I reached out to him, only to be rejected. You could have your son evaluated by a therapist to try to find out what is going on. Brette's Answer: I think it is good to never give up on your child. 40ish (oh alright, a little more than 40ish) years later I KNOW they were right. A child cannot unilaterally opt out of a parent's court-ordered possession, regardless of age. This can include decisions about visitation. He has sent me a certified letter stating that he wants to have some type of visitation with her. Parenting plans or custody orders will stay in place until a child reaches 18, is emancipated, or the order is modified. Legal Age For Child To Choose Custody. Brette's Answer: You should talk to your mom about this. what is the age a child can choose to stop visitation to non coustotian parent? On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more. Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case. My son is 8.5 and has had no contact my ex partner, his father, in 3 years. There’s no set age when a child can refuse visitation. Vida's Question: My 14 year old son has been refusing to live with me and has stayed with his father. There is a fine line between a parent violating a visitation order and the child actively resisting visitation to the point the parent can’t compel visitation. What to consider if you are thinking about doing your own divorce. The following sections try to answer these questions as much as possible. However, whether you like it or not he is your dad and will be for the rest of your life. At what age can my children decide not to go to their biological father’s house for visitation? Visitation is designed to benefit the child, not the child’s parents. I did not go to court because I was afraid my son and his father would get even angrier and I would see him even less, but I am faced with the reality that I may not be able to see him anyway. No. The judge will consider a child's preference whenever the child is of sufficient age, maturity, and understanding. Category: Family Law. I understand your concerns though. Lisa's Question: I am another single mom with a visitation issue and concern. Until then, if there is court-ordered visitation, it must be followed. The fact is that you can't change who he is and neither can your daughter. © 2001-2021 WomansDivorce.com. What are the chances he'll get visitation? In Massachusetts, children can’t “decide” where they will live until they are at least 18 years old. If a child does not want to see the other parent, then you should review and alter the earlier order. Whatever the reason, it can put you in a bad position. Plus, there are situations where the child may have a valid reason for not wanting to go. At the same time, the custodial parent can be held in contempt of the access order if the custodial parent does not facilitate access and allows the child to stay home. Submitted: 11 years ago. Is it hard to deal with school while going and back and forth like this? Articles His father is not going to fight me for custody. Depending on her age, try to find out what her objection is. Asking for some visitation and counseling is an excellent idea. What usually happens is that a child that is age 12 and above is given a chance to have a say in where they will live. At other times, a child may feel bitter about the non-custodial parent's significant other. If the child refuses to communicate or visit with a parent, each parent is still required to abide by the custody agreement’s terms until the court can take the appropriate action. At what age can a child decide if they want to visit the other parent or not? Can I stop visitation if she doesn't want to visit her father? Most kids have resistance to visitation at some point. If your state is similar to Pennsylvania, then the child’s preference is just one factor that court has to consider when deciding on a custody arrangement and /or a modification of the current arrangement. Giana Messore licensed in AR only – Little Rock, AR. 01-27-2008, 10:33 AM #2. jk. Ask that a guardian ad litem be appointed to represent the children and their point of view so that the court can be made aware of why they don't want to go on visitation. Although a child can never decide issues relating to custody or visitation, Tennessee law requires a court to consider the wishes of a child over the age of 12 when making visitation related decisions. Phylenne's Question: Is there a law that protects a mom from being held responsible for the daughters' refusal to go with dad on visitation? Brette's Answer: Child support and visitation are two separate things. I cannot drag him out the door -- what steps do I take so the court will know I have tried to enforce the visitation schedule? Instead, the judge decides whether a child is old and mature enough to express an opinion on a case-by-case basis. At What Age Can a Child Refuse Visitation in California? Now that being said, I completely understand your worries about what is happening at his house. Get her father involved so he knows what's going on. She is still a minor and it's in her best interest to have two parents in her life. Your daughter's opinion is important and a court will take into the consideration the opinion of a teen, but by itself it isn't enough. Although not a standard by any means, many States have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen, sometimes fourteen. Learn how to save time, money, and turmoil. See Tex. To summarise: until a child is 18 years or older, they are considered a minor. A therapist can help both of you figure your relationship out. You'll have to file a petition to modify the current order to make that happen though. There’s not a set age at which a child can refuse visitation. Parent 10-25-2006, 06:41 AM. Under the Family Law Act 1975 (“the Act”), the court is only able to make orders in relation to children who are under the age of 18 years. Part of being a teen is rebelling, making contrary decisions, and testing. 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A compromise Profile view Forum Posts Private Message senior Member Join Date Jan 2006 Posts 38,867 of! Facing this situation, keep reading to learn what your concerns custody Question is about at what can...