Legal Question in Family Law in California

Can an 11yr old child decide

My 11yr old son visits his father every other weekend and is not starting to say that he doesn't want to visit with him. I don't want to force him to go somewhere that he is not comfortable being or want to go, yet his father says he has no say in the matter? Does he? What age can he have a say?

Thank you.


Asked on 12/16/07, 8:19 pm

1 Answer from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Can an 11yr old child decide

There is no certain age when a child is old enough to have input into custody issues. The standard the court uses is "best interest of the child" and every child and every family is different. Different bench officers see the issue differently too. But in general, if a child does not want to spend time with the noncustodial parent, the court will NOT change visitation to accommodate the child's wishes. Why not? Because time with the noncustodial parent is important, and kid's don't always know what is best for them or know how to prioritize. Court's tend to believe it is your job as parents to help them do that, and your job as the custodial parent to show your child that you think time with the other parent is important. If you believe your child is in distress, then I encourage you to work with the other parent to figure out why and if there is something the two of you can do. The exception is if there is reason to suspect abuse. Then you need to consult with a lawyer.

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Answered on 12/17/07, 2:33 am


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