Legal Question in Family Law in Texas

In Texas, is there a certain age when a child can decide not to visit a non custodial parent who has a court order for visitation? I went to pick up my daughter this weekend and her mother said she didn't want to come with me anymore and that she was of legal age to decide for herself? Is this true? She is only 10 years old?


Asked on 5/29/10, 2:25 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

No, there is no such age.

However, if (when) this happens, Judges treat it all different ways - I know a Judge who will threaten the child with "juvenile hall" - and I know another Judge who thinks that it's okay if a 16-year-old wants to "refuse visitation."

Technically, the court order applies to the parents only - you'll notice that it doesn't order the CHILD to do anything. The order assumes that the parents will control their children in accordance with the order.

Mom is ordered to SURRENDER the child to Dad at the beginning of each period of visitation.

We don't let a 10-year-old decide what time she goes to bed, or what she'll eat for supper. We certainly don't let her decide where she's going to spend her weekends.

In your situation, the one who violated the court order is MOM. Forget what a 10-year-old child decides; it's the JUDGE'S decision that controls.

And Dad, remember that YOU aren't limited by what a 10-year-old wants or doesn't want. The court order says that the visitation order is in the child's best interest, and that's what you go by.

The down side is: You get to spend an entire weekend with an angry, rebellious child.

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Answered on 5/30/10, 12:50 pm
Fran Brochstein Attorney & Mediator

No. She is bluffing.

File contempt. Ask for her to pay some of your attorney fees, Ask the judge to put her in jail for violating the judge's ruling. Perhaps that will scare her.

I suggest that you "nip" this in the bud. Your child has not hit puberity yet. Your daughter might want to get away from her mom for a week-end!

This child might need to be in counseling.

Overall, I agree with Mark Dunn.

However, my 10 yr. old never told me what to do. If you cannot control a 10 yr old child, you cannot control a 16 yr. old teen-ager!

With you zip code I don't think you are in Harris County, if you need a referral to your area, email me at [email protected]. Let me know what county you live in. Be sure to let me know that I answered your question on lawguru.com

Good luck!

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Answered on 5/31/10, 12:19 pm


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