QUESTION
When can a child decided they don't want to attend visitation?
Asked on Dec 29th, 2012 on Child Custody - Colorado
More details to this question:
My daughter is almost 16.5 and she told her father a couple weeks ago that she didn't want to go to his house during the scheduled week long time during Christmas break. He said he would think about it. Then decided she must go. The visitation schedule has not be updated in many years. He told her if she wanted to get a job, which she does, that she'd have to get his scheduled time off work so she can attend visitation. She and I are fearful of him. He threatens her. We know the police will be called, by him, if she doesn't go. We just want to know at what age could she speak for herself, to him, to the Friend of the Court, or a judge. He will be paying child support until she is almost 19. And he says the reason she has to go to his house, is because he pays child support.
1 ANSWER
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If you do not think the currrent plan is in the best interest of the child, then you can file a motion to modify it. You can ask the court to "interview" the child (in chambers) as most judges will be willing or even want to know what the wishes of a 16.5 year old are (especially since it's nerarly impossible to force that age child to go to parenting time if they do not want to). Let me lnow if you have further questions. I hope this helps.
Answered on Jan 08th, 2013 at 11:23 AM