Legal age for child to decide against visitation
My niece who is 13, 14 in Dec, 04 does not want to go for visitation anymore to my brothers house. She has been having issues with this for a year or so now. She feels like a built in babysitter. She also has to listen to a lot of fighting and bickering with her dad and step-mom. She has two younger btothers who are 4 and 6. A couple of weeks ago the dad and step-mom got into and argument and things got physical and her dad went to jail, thus all of the children witnessing this. This has been very tramatic for her and she does not want to go back. Her dad has decided to take legal action and try to get her more than the two weekends a month he has now. This has only came about because he ''heard'' she did not want to come back there for visitation. He does pay child support $160 / month. He has not had contact with her since this event and expects her to come for visitation this weekend like nothing ever happened. Does she legally have to go not knowing what is going on? What is the legal age she can do something about this? Will it make a difference that things happened at their house and the cops were called, then taking her dad to jail? Thank you
1 Answer from Attorneys
Re: Legal age for child to decide against visitation
A Judge would most likely consider everything that has taken place when deciding whether visitation should continue. The welfare of the child will be the most important factor. The decision will not be left to the child, but would part of what the Judge considers.