Legal Question in Family Law in California
Child determining Visitation
Would the court strongly consider taking court ordered visitation away and allowing the child to determine when he sees his mother, if the mother who is only allowed to see her 13 1/2 year old 1 day a month for 8-hours, but who hasn't come to visit him in 9 months and only speaks with him 1 time per month?
After 4 1/2 years of slowly but surley abondoning her child, and not seeing him for as long as stated, she is now telling him that she wants to try and get her life together in the hopes that she can start seeing him again. The child has mentioned to me and his step-mom (who he refers to as mom) that he doesn't want to have to be forced to see her if he doesn't want too.
Would the judge allow him to determine when he sees her or not?
1 Answer from Attorneys
Re: Child determining Visitation
He is of an age where the court may consider his wishes as a factor, however his wishes are not determinative.
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