Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is required to abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody. Check link below for more info.
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No. The child doesn't get to decide until the age of 18. Until then, if there is court-ordered visitation, it must be followed. The child does not have the option of refusing. If there is a *legitimate* reason that the child does not want to visit the non-custodial parent, then the custodial parent needs to go back to court and request that the visitation order be modified.
Yes. The child is a minor and is not allowed to decide. Any changes in visitation, custody or child support must be made through the court that issued the order.
Children do not decide with whom they will live or whether or not they will adhere to visitation requirements. If there is a conflict relating to custodial issues a judge may interview the minor child as to his or her preference or not, it is entirely at the judge's discretion. In regards to visitation, if it is court ordered the terms of the visitation order must be obeyed or the custodial parent will be in contempt of a court order. If there are mitigating circumstances involved, for example if the custodial parent believes visitation would place the child in an unsuitable/dangerous position, he or she should petition the court for revocation or amendment of the original visitation order.
A minor is not allowed to decide this himself and the parents have to follow the court order and make him go. Any changes in visitation, custody or child support must be made through the court that issued the order.
Yes. The non custodial parent has every right to see his or her child. And there is a huge misconception that a child can decide which parent they prefer to live with or decide they don't want to visit the other parent when they reach a certain age. The fact is, it is NOT the child's decision to make, but the judge's.So unless the non custodial parent has been found unfit, abusive, etc., the child has to concede to the visitation rights.Furthermore, the custodial parent should encourage the child to want to visit with the other parent. Children need both parents, and no parent should ever be deprived of spending time with their child unless they are unfit, abusive, etc.
If you live in the US, she gets to decide when she's 18. Until that age if the parent has court-ordered visitation it has to be followed. If there is a valid reason (and it must be a very valid reason) the child does not want to visit with the other parent, you need to petition the court to modify the visitation order.
Just ask they should be allowed to decide not to go to school, church, or other activities they may not like. see links
In West Virginia, a child can decide which parent they want to live with when they are 18.
You made them mad at you. huh? Or your child doesn't want to see you. You should have visitation.
In most cases the parent who has the child doesn't have to pay child support. The parent who does not have the child pays child support if they want visitation rights. In most jurisdictions, the non custodial parent must pay child support even without visitation rights.
18. Until then, if the parent has court-ordered visitation, it has to be followed. If there is a legitimate reason the child does not want to visit the parent, the custodial parent can petition the court to revise the visitation order. Be aware the court will not deny a parent the right to visitation without a very goodreason.