Can a child decide not to see the other parent?
Can a child decide not to see the other parent?
Additionally, a child does not have the right to decide when he /she no longer has to visit with the other parent. If your state is similar to Pennsylvania, then the court should hold the custodial parent responsible for ensuring the minor child/children see the noncustodial parents according the custody schedule.
How old does a child have to be to refuse to see a parent?
If the child is at least 12 years old and if that child has expressed which parent he or she wants to live with — however, this will still be checked to see if the child’s preference is in their best interest.
Can a child decide for themselves not to see a Gillick competant?
You have had a couple of differing answers to your replies so in order to gain a more definitive answer you could try phoning this free legal advice line. 12 is the age of what is legally known as ‘gillick competant’ meaning a court will respect the childs wishes as they are deemed capable of making their own decisions.
Can a parent decide who live with the child?
Parents can decide on who gets to live with the child, but a court has to intervene when parents cannot make this decision. The court works with both parents to agree about primary physical custody and a visitation schedule.
How old do children have to be to make their own decisions?
Many parents tell me their child will be 12 years old, 13 years old, 14 years old soon and will be able to make their own decisions. They appear to be uniformly surprised to learn that a minor child does not have the legal right to decide which parent to live with.
Can a child decide not to see their parent?
In the majority of states, including Texas, children under the age of 18 cannot legally make the decision themselves whether or not to see their parent. I tell the parent I am meeting with the only people who get to make decisions regarding the child’s visitation is the parents together or a Judge.
Is there a magic age when a child can choose?
This idea that a child can choose is misinformation. 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. In the majority of states, including Texas, children under the age of 18 cannot legally make the decision themselves whether or not to see their parent.
Can a minor child choose which parent to live with?
They appear to be uniformly surprised to learn that a minor child does not have the legal right to decide which parent to live with. Depending on the jurisdiction in which you live, the age of your child may matter only in terms of the weight a judge might give to a child’s preference, should he or she have one.
When can a child legally decide which parent to live with?
There is no simple, straight answer that anyone can give you; and if someone has given you a flat age, they either do not understand the complexity of this issue or have decided not to share those complexities with you. When can a child legally decide which parent to live with?
Can a child refuse to see a noncustodial parent?
Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.
How old does a child have to be to go to court?
When a child is under the age of 14, the court must first determine whether or not it is in the child’s best interest to listen to him or her. There is no magical significance to the age of 14.
If the child is at least 12 years old and if that child has expressed which parent he or she wants to live with — however, this will still be checked to see if the child’s preference is in their best interest.