Quick Answer: At What Age Can A Child Make A Decision Legally Not To Visit A Parent?

When can a child legally decide not to see a parent?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

Can a 12 year old decide not to see a parent?

The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.

Can a 13 year old refuse to see a parent?

The legal answer may be “yes” even though the ethical answer could be “no” in some situations. Under the law, each parent must follow a custody order exactly. However, obviously parents may have less control over a teenage child who is refusing visits.

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Can a child refuse to see a parent?

When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. The custodial parent then is threatened with incarceration or a change in primary custody unless they physically force the defiant child to follow the custody schedule.

Can a 10 year old decide not to see a parent?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the

What happens when a child doesn’t want to visit the other parent?

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.

What do I do if my child doesn’t want to see a parent?

If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should attend visitations.

Can my 14 year old choose where to live?

While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.

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How do I prove I am a better parent in court?

Keep a file of the following records to prove that you are a great parent:

  1. Birth Certificate.
  2. Social Security Card.
  3. Academic Transcripts.
  4. Behavioral Reports.
  5. Awards and Certifications.
  6. Health Records.

Can a 15 year old refuses to see a parent?

Can’t Teens Decide for Themselves Not to See a Parent? It’s a common child custody myth that once children reach a certain age, they are perfectly within their rights to decide to limit their time with or to not see a parent. This is false.

Can you force a child to see their father?

Some parents have asked me whether they have to “force” their child to visit. Having said that, if you have a family court order that provides for a visitation schedule, then the safest answer is “ yes” you must make the child go. If you fail to abide by the court order, there can be several legal consequences.

How can a mother lose custody?

Top 4 Reasons That Could Cause a Mother to Lose Child Custody

  1. Physical abuse of the child. If this type of abuse is reported to law enforcement or child protective services who then act, custody could be revoked.
  2. Physical abuse of the partner.
  3. Neglect.
  4. Violation of a court order.

What age does a child have a say in court?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

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Do I have the right to know who my child is around?

Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there. Parents should tell each other their current addresses and home and work phone numbers.

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