Legal Question in Family Law in California

I have a divorce decree with specific visitation. Can my minor child minor refuse to go on the visitation?


Asked on 1/06/12, 11:40 am

3 Answers from Attorneys

Michael Schneider Family Law Center

Well, the simple answer is no. If you start allowing your child to decide whether or not to follow the court order, then you can become the one liable to the court for your refusal to obey the court's orders. Thereto, one could also say that if you cannot control your child and get him to obey you, then are you the best parent to be the primary custodian. On the other hand, if there are specific reasons for your child's refusal like his father is beating him, neglecting him, or leaving him always with others and not spending time with him, then you may have a basis to go back into court and have the court modify the current orders. But, with the new change in the law, the court only has to listen to the wishes (which does NOT mean the court has to follow your child's wishes) after your child is 14 y.o. Good luck!

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Answered on 1/06/12, 1:13 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

The threshold legal answer is "no" but the psychological answer requires more insight into why the child does not want to visit. Please meet with an experienced family law attorney to explore your legal options.

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Answered on 1/06/12, 5:33 pm


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