QUESTION
At what age does a child have the right to choose which parent to live with?
Asked on Jan 30th, 2015 on Child Custody - Ohio
More details to this question:
I know someone who is 13 and lives with her mom. However, child support is being paid by her father. She is almost 14 and doesn't want to see her father. Her father is an alcoholic and she has asked for him to not drink. She goes to her Dad's house every other weekend. She has begged her mother to not make her go. In her eyes, she doesn't care for her dad. He has made very bad decisions and when her parents got divorced, she didn't have the same feelings toward her dad. When she went to court, her Dad's lawyer said "If your mom doesn't make you go, she can go to jail and have charges pressed against her." She has nowhere else to turn and she feels really uncomfortable when she is with her Dad. Please help!
2 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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The question should be at what age does a child have a right to change her visitation schedule. The answer is that a child does not have the right to dictate a schedule but the law does allow their input. Obviously, age and maturity of the child makes a difference as to how much the court will listen. If a motion to modify the visitation is filed I would suspect that the Court would appoint a guardian ad litem to listen to the child and to advocate on her behalf.
Answered on Feb 03rd, 2015 at 3:16 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Let's begin by laying to rest the urban legend that a child has the ability to decide not to see a parent when under a visitation order. The child can decide to not see a parent when under a visitation order only when emancipated or upon turning 18. Before then if the court orders a child to participate in visitation, then the child has to go. The other parent can file for a modification of the visitation agreement and seek to terminate visitation. If the court agrees, then the order of visitation will be vacated and the child does not have to go. Please visit a lawyer who can address the specifics of this case and who will be able to properly advise you. This answer does not create a lawyer / client relationship. Nor may the answer be taken as or deemed legal advise. It is intended for public consumption as entertainment only.
Answered on Feb 02nd, 2015 at 1:33 PM