Can 12 year old decide parent they want live?
Child’s Wishes for Custodial Parent is Currently Up to Judge’s Discretion. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. Currently there is no specific age where the Court will consider the wishes of a child in deciding custody matters.
Can a child refuses to go back to custodial parent?
In many cases, this is known as “contempt of court” and allows the parent to file a “Motion to Show Cause for Contempt of Court”. In some states, if a parent does not return the child after visitation and the custodial parent has demanded return of the child, they have 48 hours in which to do so.
Can a child refuse to go with a parent?
In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
Should you force a child to visit a parent?
This helps the other parent understand the situation and places some obligation on their part to facilitate visits. You shouldn’t have to force a child to attend a visit. If you have concerns that your child is being abused or harmed by the other parent, then you should contact your attorney immediately.
Can a 14 year old choose not to see a parent?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
What can I do if my child refuses to see me?
Try to get to the bottom of why your child doesn’t want to spend time or stay with your co-parent. Let your child express their feelings to you without judgment. When it’s your turn to respond, do so with kindness and understanding. Show them that you understand their concerns by considering those as a whole family.
What age can a child choose not to see a parent?
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
Can a 15 year old refuses to see a parent?
When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. The custodial parent then is threatened with incarceration or a change in primary custody unless they physically force the defiant child to follow the custody schedule.
Can a 14 year old choose where they want to live?
There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision. That time is not attached to any specific age, but is rather the product of maturity and a level of independence.
At what age can a child decide they don’t want to see a parent?
The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.
How can I prove I am a better parent in court?
Prove You’re the Better Parent
- The physical well-being of the child: For example, focus on your child’s routine, sleeping habits, eating schedule, and after-school activities.
- The psychological well-being of the child: For example, making sure that the child has access to liberal visitation with the other parent.
Why do fathers lose custody?
Abusing your child in any way is the number one reason fathers lose custody of their child. Physical abuse could result in scars, wounds, burns, bruises, broken bones, head injuries, and wounds. In any circumstances, a court will generally not hesitate to take away custody if a child is suffering from physical abuse.
Can a good mom lose custody?
But, sometimes, good moms lose custody. Yes. Seriously. Sometimes, it happens that, even though a mom is a good mom, she loses custody.