QUESTION
At what age does my son be given the right to not go with his father and is if there is even one?
Asked on Mar 21st, 2014 on Child Custody - Rhode Island
More details to this question:
My son is 10.5 years old. I am the primary custodian and the father gets visitation every other weekend and six weeks in the summer. My son has been refusing to go with his father for some time now. He cries all the time and tells me it is boring and he is never allowed to do anything. I was never married to the father and he was out of my son's life for the first 6 years. I am up in arms as to whether I should try to have the court order modified or take my son to a counselor. I am not sure the age at which he has the right to not go with his father or if there is even one?
4 ANSWERS
In IL, a minor child is not allowed to make such an adult decision and the courts encourage you to foster a ongoing relationship with the noncustodial parent. In a nut shell, there is not much you can do, if any thing. Of course, each county is different, however, the more conservative counties have literally said, the noncustodial parent can take the child, even kicking and screaming, in order to have the scheduled parenting time.
Answered on Mar 28th, 2014 at 6:53 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
There is no age at which children make the decision. Take your son to a therapist to see what the issue is. A therapist may well be able to work with him and his father to forge a better relationship.
Answered on Mar 25th, 2014 at 6:13 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
In Idaho, the court can listen to the children at any time, but general practice is around 14. Even then, the court is statutorily required to maintain the parental relationship. If the father were doing drugs, had a history of domestic violence, you might have a shot at getting the custody changed. Perhaps you need to talk to dad about your son's concerns. And as for being boring, I doubt that a judge will consider that to be sufficient grounds to stop the visitation.
Answered on Mar 24th, 2014 at 12:28 PM
There is no age at which a child no longer needs his father. What is more important is doing something to acknowledge and respect his feelings and get his father involved. I know it will not be easy but your efforts to improve the relationship will pay off in the future. Perhaps a mediator could help work things out.
Answered on Mar 24th, 2014 at 12:25 PM