Legal Question in Family Law in California

Hi my son is 6yrs old and he has visit with his dad every other weekend. Some times he will not see him for months at a time which cause emotional trauma on my son. My son will cry every time.he go. I just want to know at what age can my son legally be taken seriously when he says he doesn't want too go? If possible at all?. I have asked the judge to listen to him but they say he's to small. I.really need advice ?

Asked on 5/10/13, 9:28 am

2 Answers from Attorneys

Only once he is 14 is the court legally obligated to let him speak. Before that, it is entirely in the judge's discretion.

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Answered on 5/10/13, 11:45 am
Daphne Macklin Law Office of Daphne L. Macklin

You may want to take a look at the local rules for your Superior Court if it offers mediation services. In Sacramento County for example, if visitation and custody or at issue, the parties are sent to mediation. In the case of this county, children over the age of 5 are allowed to participate, as in be interviewed by the mediator who will make a recommendation as to custody to the Court. You should consider consulting with both a family law attorney and a child psychologist. Parenting classes may be appropriate to help the child's father gain some appreciation of the impact of his conduct on his son.

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Answered on 5/10/13, 6:56 pm

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