Legal Question in Family Law in California

My daughter is 13 & she doesnt want to participate in the current visitation order. She doesnt want to spend time with her biological father. She feels her "real dad" is my current husband. Is there a certain age where she will have the right to say No to our current visitation order?

Asked on 1/22/13, 10:27 am

2 Answers from Attorneys

Bruce Boice Law Office of Boice & Associates

In California, that age would be 18. However, if you went back to court to modify child visitation, she could be appointed her own attorney and her attorney could influence the court's decision to change the existing order.

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Answered on 1/22/13, 10:49 am
Timothy McCormick Haapala, Thompson & Abern, LLP

Mr. Boice is correct that the child never has the right simply to refuse to comply with an existing custody and visitation order, and a parent who encourages or facilitates a child in not complying is in criminal contempt of court. Ether parent can, however, petition for a modification of the custody and visitation order and once the child is 14 or older the child has a statutory right to address the court and say what they want. The court then takes that into consideration along with any other relevant factors in making a decision.

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Answered on 1/22/13, 1:15 pm

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