Legal Question in Family Law in California

Can a child decide?

My 7 year old son has to visit his father every 2nd & 4th weekend of the month. He hates it!! As a matter of fact I have to fight with him all of Friday morning to make him go to school cause he knows who is picking him up. In between visits my son NEVER hears from his father and he told me the other day that he doesn't even love him and wants nothing to do with him. Is there an age in california where a judge will hear what a minor has to say and decide if that minor has to go back for visitation again? Is there anything I can do to help my son not have to go through this for the next 11 years of his life.


Asked on 4/26/04, 6:36 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Can a child decide?

I would suggeset that you take the child to a counselor. The counselor can help him to talk through his feelings about his father. The input from the child's counselor can be very valuable to a court in making a determination as to child sharing. After he has seen the counselor enought so that the counselor has a good insight into the child's thinking and feelings ask the counselor his opinion concerning the time spent with father. The court will listen to a 7 year old's desire, but not give it much weight. Good Luck, Pat McCrary

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Answered on 4/26/04, 7:54 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Can a child decide?

A counselor is a good idea for your son and his father to work out any differences or problems and you might see one also. You can and likely do influence your son's attitude and perceptions and based on your statements, it appears you greatly influence your son as we all do as parents, both good and bad.

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Answered on 4/27/04, 1:37 pm


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