Legal Question in Family Law in California
child visitation regarding the age where they can decide not to see other parent
We live in Ca. My husband has a child with a former partner. She has sole physical custody, joint legal. Parenting plan state child visits eow. She states child (9) no longer wants to see his dad and has stopped visitation. She has also said that her lawyer has told her that at 9 a child is old enough to decide in court that they no longer wish to see the other parent. What can we do.
2 Answers from Attorneys
Re: child visitation regarding the age where they can decide not to see other pa
If the parents cannot reach a visitation agreement, I recommend setting a court date on this issue. Then schedule a time with Family Court Services before the court date to get a recommendation as to the visitation schedule. They will speak with both parents and the child alone and could usually tell if a child has been coached to say certain things. Generally a 9 year old is not old enough to decide visitation.
Re: child visitation regarding the age where they can decide not to see other pa
A nine year old is not old enough to choose not to see father and probably would not do so without pressure from the mother. Get an attorney to work on a new child sharing schedule. Good Luck, Pat McCrary
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