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at what age can a child refuse visitation in california

However, the refusal can simply stem from the child's resistance to the change. A lot of judges feel this way as well. The child refuses the visit. Since the Family Law Act came into effect in 1975, there has been no hard and fast rule. Answer (1 of 2): If you can get online to ask the question, you can call the local Court Clerk of your Courthouse and ask them, (maybe family Court). Your entry can explain the incident and document what the change in plans will be such as where your child will be spending that time instead of attending the scheduled visitation. Answer: I am unable to give you legal advice on divorce.I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice. Most judges understand that once a child reaches their teenage years, it may become more difficult to force them to visit with a noncustodial parent against their will. While the courts will give a child's wishes more consideration as she grows older, someone younger than 18 can't refuse to visit her noncustodial parent. Otherwise if there is a problem you should seek a modification of the current court order. It can be kept private for your own records or shared with your co-parent, your attorney, or anyone else you are working with on OFW. The older they are, the more value their opinion has, but the courts are never obligated to simply follow the wishes of the child. It is possible for a child to refuse a visitation … Making Visitation Easier On the Children – Here are some ways to try and ease the visitation process and make it a little less painful for the kids. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. The court will consider the desires of a child at all ages. In Mississippi, “visitation” is the time a child spends with a noncustodial parent and is a very important subject for many parents involved in divorce or custody cases. In the past I have been advised that if I do not force him to visit I will be held in contempt of court. Since emancipation makes the child a legal adult, an emancipated minor can refuse contact with his divorced parents. This can be tricky because a child may refuse visitation with a parent for a legitimate reason. If you just don't want to see the parent,or are afraid of them, , you could request that another person go with you(an adult, from the Courthouse.) Visitation is designed to benefit the child, not the child’s parents. Visitation Basics. An attorney I spoke to said that "all things being equal" there is a chance of getting a custody change before the child reaches age 14, albeit slim. The judge will speak to the child and take into consideration their feelings and then will decide if it's in the best interest of the child. In California, either parent can have custody of the children, or the parents can share custody. A child in the United States is able to testify in court at the age of 13 (or there about) and can choose not to see a parent. I know my best bet here would be cooperation from the ex. My youngest child, age 12, desires to live with me. Until 1974, children had ‘the right’ to choose which parent they lived with at age 14. The judge may also choose to talk to the child in the absence of parents. Unless visitation would risk physical or mental harm to the child, the courts won't allow her to refuse visitation without consequences for the custodial parent. A parent should not act on a child's initial impulse; instead, the parents should communicate about possible causes of the child's refusal to visit. There’s not a set age at which a child can refuse visitation. A judge will enforce visitation orders or even hold a parent in contempt if that parent is preventing visits between the child and the other parent. Family court judges throughout the state of Arizona give strong consideration to each child’s preference when making important decisions about parenting time and visitation rights. A child can refuse visitation with a parent that does not have custodial rights at any age, although the outcome of this does depend on age and whether their request is honored is usually dependent on the judge in court. The Family Court now looks at a number of factors in deciding with which parent a child shall live. Lv 6. If parents aren’t able to agree, a judge will make a visitation and custody order based on the child’s best interests. The child can't refuse visitation unless it is court ordered. Whether you’ve divorced or you’re legally separated, if you’re a parent you need a custody order.Parents can work out their own arrangements regarding custody and visitation with a judge’s approval. Re: What age can a child say no to visitation. Can other interested parties or relatives be granted visitation rights to a child in Pennsylvania? It can be kept private for your own records or shared with your co-parent, your lawyer, or anyone else you are working with on OFW. Your entry can explain the incident and document what the change in plans will be such as where your child will be spending that time instead of attending the scheduled visitation. Age of Child and Custody – One of the most common questions parents ask is at what age can their children choose the custody and access arrangements. I like to tell the parent I am meeting with “there is a magic age when your child can choose, and that age is 18.” This usually gets a chuckle. 0 0. az_mommma. In California, 18. How Old Does a Child Have to be to Refuse Visitation in South Carolina? This idea that a child can choose is misinformation. A child in the state of Alabama can not opt out of visitation with the non custodial parent until the age of 18. Age 12 is when a child's opinion can be taken into consideration though. You could also ask your school Counsellor or Advisor , too. My child is not wanting to go to his mother’s house for parenting time. Under South Carolina law, legal provisions do exist to grant child visitation rights to step-parents under certain circumstances, so visitation can be readily applied for. In rare cases this may be overruled by the court. My issue with visitation is more about protection of my rights as a non-custodial parent. A 14 year old is refusing to visit his non-custodial father due to physical and verbal abuse occuring during the visits. Under state of Pennsylvania law, it is not generally possible for any other interested party other than those specified to be granted child visitation rights. When he is an adult he can say no, which is age 18. Age that child can refuse visitation. Under South Carolina’s family laws, there is no set age at which a child can refuse to go visit with the other parent. The court will always hear what the child has to say regarding the visitation and custody. A parent may also be asking themselves, "At what age can a child decide if they want to visit the other parent?" Question: At what age can a minor child refuse visitation with a parent? At What Age Can a Child Refuse Visitation in California? In fact, there are those who feel that even asking a child to choose between one parent and the other, regardless of their age, is tantamount to child abuse. However, the child also takes on the responsibility to support himself financially. A child cannot say no to visitation. 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