What age can a child say what parent they want to live with?
What age can a child say what parent they want to live with?
There is a common misconception that in Family Law parenting disputes about with whom a child will live, a child will have the deciding vote when they reach the age of 12.
Can a 14 year old choose where they want to live?
No, a 14-year old may not decide where she wants to live without going to court when there are existing Orders. When you are dealing with children in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important.
Can a child ask to live with the other parent?
Most states do not specify an age at which a child can choose which parent he or she lives with after a divorce. In general, though, courts do not ask a minor child who he or she prefers to live with after a divorce. However, teenagers may request to move in with the noncustodial parent for a variety of reasons.
What happens if a child doesn’t want to visit the other parent?
You do have to physically take the child to the place of handover as ordered by the Court. It is not enough to simply take the child to handover. If the child says they do not want to go, you have a positive obligation to encourage the child to spend time with the other parent.
Can a child love one parent more?
It’s not uncommon for children to prefer one parent over the other. One parent cares more for the infant, while the other parent spends more time with the older children. And sometimes, it’s just because daddy does better bathtimes. Or mommy tells better bedtime stories.
What if a child doesn’t want to live with a parent?
If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. In some states, custody may be modified at any time. Oftentimes, a custody determination and/or subsequent modification must be made based on the best interests of the child.
Can a 13 year old refuse visitation?
Understanding a Parent’s Role in Visitation A child custody order requires parents to make a child reasonably available for visits. An older teen may outright refuse visits and there’s not a lot that a parent can do. Yet, parents with younger children will need to play a more active role in ensuring that visits happen.
What do you do when your child doesn’t want to see the dad?
Talk to your child about why they don’t want to go 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.
Should you force a child to visit a parent?
Some parents have asked me whether they have to “force” their child to visit. Having said that, if you have a family court order that provides for a visitation schedule, then the safest answer is “yes” you must make the child go. If you fail to abide by the court order, there can be several legal consequences.
Do you have to force a child to go with the other parent?
Let’s face it: No one can (or should) force children to visit with their parent if they don’t want to. However, there can be legal ramifications in cooperating with a child’s visitation refusal. Assure your children that both parents love them and that you want them to spend time with their other parent.
What to do if my ex won’t let me see my child?
The non-custodial parent’s next step is to file a petition (legal paperwork) in court to enforce visitation rights. Non-custodial parents may try to file these petitions on their own, but it is advisable to have an experienced family law attorney prepare it.
