Legal Question in Family Law in Missouri

at what age in the state of Missouri can a child decide they no longer want to visit the parent who does not have legal physical custody. There is a document stating the noncustodial parent has the child every other weekend and certain holidays.

Asked on 8/16/11, 7:58 am

2 Answers from Attorneys

Anthony Smith LawSmith

At age fourteen, the court will consider arguemtns made by children about why they do nto want to visit their other poarent. Prior to that many courts will be sympathetic to claims that the reluctance was created or planted by the custodial parent. This could be the reason for custody to be reversed in some cases. Be very careful. Many otherwise fine parents have been wrongfully painted, when it turns out the child does not want to see their other parent because they know it upsets the custodial parent or they fear reprisal from the custodial parent, if they do not oppose visits. Prieor to allwoing a chiudl to skipo their visits, you should consult with the child's therapist and the attorney that represented you in the custody case.

Good luck

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Answered on 8/16/11, 1:16 pm

Michael R. Nack Michael R. Nack, Attorney at Law

In Missouri it is not up to the child. the terms of the Court Order defining custody are phraed in terms of the parent's rights. Therefore, although the above response might be correct in some Missouri Courts, and the wishes of a child are listed as factors for a Court to consider in determing custody, the child is not given the legal right to decide for himself or herself.

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Answered on 8/16/11, 1:45 pm

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