QUESTION
Can a 15 year old have a say in her parenting plan?
Asked on Sep 28th, 2013 on Family Law - New Jersey
More details to this question:
Would a 15 year old speak for herself at civil mediation or court? Her father has refused to attend family therapy and she wants to reduce time at his house. He complains to me(mother) that she does not return his phone calls and threatens me with court over that. Obviously I cannot make a 15 year old return calls. I do not want to expose my daughter to the 'system' but I would not want to speak for her at civil mediation or court and want him to understand that by refusing family therapy he is putting her in a compromised position/court. Can I counter his court threat by reminding him that SHE would have to speak for herself at court or mediation. My goal is to help her have a voice with him and to get more flexibility in her parenting plan due to her consistent discomfort at his house.
1 ANSWER
Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
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Are you represented by a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters? If not, you should be, given what you are saying and what is at stake here.
I understand and appreciate the fact that you do not want to expose your daughter to the "system." However, if there is a Court Order in place for parenting time which is not being followed, and the father refuses to attend family therapy, you don't have much of a choice as a responsible mother--especially given what you say is your daughter's "consistent discomfort at his house."
The "legal" answer to your question is that, pursuant to NJ Court Rule 5:5-6, you can ask the Judge to conduct an interview of your daughter "in camera" (which means outside the presence of the parents). The Judge can also ORDER family therapy, and if the father refuses to attend, it may very well result in a reduction of his parenting time with your daughter.
I head a law firm that devotes its practice exclusively to New Jersey Family Law matters. It's all we do.
Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.
I would be happy to have a brief telephone call with you, to get more information. There is no charge for that phone call. Please call 973-455-1220.
David F. Salvaggio, Esq.
Answered on Sep 29th, 2013 at 5:06 PM
SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.