QUESTION
How old must a child be in order to decide to visit their non-custodial parent?
Asked on Mar 13th, 2013 on Divorce - California
More details to this question:
How old must a child be in order to decide whether they can visit the parent they do not live with anytime, even if it is not that parent's given time period?
6 ANSWERS
John Arthur Smitten
Kids never get to decide. That is not how the court system works.
Answered on Mar 14th, 2013 at 1:21 PM
Family Law Attorney serving Hamden, CT
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Wolf & Shore Law Group
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In Connecticut, the court does not specify a hard age at which a child can determine if he or she wants to see the non-custodial parent. However, in my experience, I have seen the Court take such facts into consideration with children as young as 7 years old. Also, around the age of 13, Courts tend to give a much stronger deference to which parent a child wants to reside and/or visit with. That being said, it is important to have a an attorney for the minor child appointed (not a guardian ad litem) so that the child's wishes could be presented to the court
Answered on Mar 14th, 2013 at 1:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The child must be liberated before they are allowed to make that decision. Generally that would be at least 18 years of age. You cannot allow the children to run the relationship with the parents.
Answered on Mar 14th, 2013 at 1:20 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Follow the court order and make the child follow the order. It is inappropriate for the child to be in the middle of custody battles. The court may consider their wishes when they are aged 14 but a childs wishes do it dictate what happens.
Answered on Mar 14th, 2013 at 1:20 PM
Any time a child wants to see the other parent you should make it happen so that the child has a good relationship with both parents. The child will be grateful to you.
Answered on Mar 14th, 2013 at 1:19 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Technically, 18. However, that doesnt mean that the parents cannot agree to additional visitation. Now, if you want to move in with the non-custodial parent, that should be done by court order.
Answered on Mar 14th, 2013 at 1:19 PM