Legal Question in Family Law in California

Do Children 12 years of age and older have the right to decline visitation with their non custodial parent?


Asked on 5/22/11, 8:38 pm

1 Answer from Attorneys

No. At no age do the children have the right to decline court ordered visitation, and a parent who attempts to use the children's wishes as an excuse not to comply with the order will be in contempt of court. If a parent believes that their child's stated wish to decline visitation is serious (many kids just want to play with friends on the weekend rather than go to mom's or dad's house, which is definitely not a serious basis for objection): A. They should work with the other parent, the child, and if necessary professionals, to figure out why the child has problems with the visitation, and to try if at all possible to assist the child and the other parent in repairing the rift in the relationship; and if that is not successful or possible B. They MUST from a legal standpoint carry out the order, until a motion to modify the order can be heard. At age 14 the child will have the legal right to address the court at the hearing. Younger than that it is at the discretion of the court.

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Answered on 5/22/11, 8:54 pm


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