Legal Question in Family Law in California

if a child doen't want to visit with parent, at what age would a Judge approve.


Asked on 1/13/12, 7:17 pm

3 Answers from Attorneys

Most likely never, since it is the policy of the state to enter custody and visitation orders that foster frequent and regular contact with both parents. In any case, however, the age of the child is irrelevant. At 14 and above, kids have a statutory right to tell the judge what they want, and the judge has the discretion to hear from younger children, but the judge is free to ignore what the child says or give it as much or as little weight as the judge sees fit. The judge must make custody orders that are in "the best interests of the minor child." The judge decides that based on all the evidence, not just what the child wants.

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Answered on 1/13/12, 11:17 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

If a child is refusing to visit, there are deeper psychological issues at play. I would urge you to consider counseling for the child to sort this out. If a qualified child therapist holds that the suspension of visitation to work on parent/ child issues is appropriate, the judge may listen.

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Answered on 1/14/12, 8:46 am


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