As stated above, children aged 12 or older typically are considered old enough to have a preference. However, a child’s preference is but one factor the court looks at in determining the best interests of the child.
At what age can a child refuse to see parent?
What age can a child decide not to visit a non-custodial parent in California? A child must be over the age of 16 to refuse to visit a noncustodial parent.
Can a 12 year old decide not to see a parent?
Legally, Your Child Can Refuse Visitation at Age 18
Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
Can a child be forced to visit a 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.
Can a child say they dont want to visit the other parent?
There is no particular age a child can say this. Instead, the focus is on the totality of circumstances. Most judges will say parents should never tell a child they don’t have to visit. … If the child still refuses visitation, the custodial parent may try direct discussion with the other parent.
What do you do when your child doesn’t want to see their dad?
- Remember your role as a parent. Keep in mind that you are the one calling the shots, not your child. …
- Talk to your child about why they don’t want to go. …
- Get your co-parent involved. …
- Make parenting time transitions as smooth as possible.
Can a 13 year old decide who they want to live with?
In general, young children should not be given the choice of where they want to live. This can even lead to a child regretting their decision or feeling guilty. Depending on a number of relevant factors, including the child’s maturity level, a child’s preference becomes more important by about age 12 to 13.
Can a 12 year old choose which parent to live with?
If a child is at least 14 years old, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental. Those children may address the court unless the court finds that their participation is not in their best interest.
Can a 14 year old be forced to visit a parent?
The mere age of your child will not determine your family law matter. … In other word’s, the child’s reasons for their decision were not deemed mature and appropriate. In other circumstances a 13 or 14 year old’s wishes may be given significant weight if they are expressed in a well thought out and mature manner.
How old do you have to be to choose which parent you want to live with in California?
While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.
What happens if a child doesn’t want to visit the other parent?
A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.
Can a 10 year old be forced to visit a parent?
The legal answer may be “yes” even though the ethical answer could be “no” in some situations. Under the law, each parent must follow a custody order exactly. This means, you’re obligated to make a child in your care available for visits with the other parent as laid out in the custody order.
What age can a child refuse to see a parent UK?
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.