QUESTION
Is there an age a child can make their own decision about following the court set visitation schedule?
Asked on Jun 22nd, 2012 on Child Custody - Oklahoma
More details to this question:
Our divorce and custody case was done Oklahoma and now we live in texas Our boys are do not like having to go back to Oklahoma the entire summer. My eldest son asked about his options on making his own decision and how the law stands in that regard. Thank you for your time and assistance with this question.
1 ANSWER
There is no particular "magic" age in which a child can determine his or her visitation schedule. At age 12 a child has right in Oklahoma to consent or not consent to their adoption but that is not applicable to other custody type cases. As a practical matter there does come a time when a judge will take seriously a child's visitation concerns. After all what do you do if a 17 1/2 year old says "I'm not going?:" If visitation is to be changed a motion should be filed with the Court for the Court to decide the visitation schedule. An issue a court is always concerned with when a child says I do not want to visit is whether or not there has been some improper pressure or influence put on the child.
Answered on Jul 06th, 2012 at 3:00 PM