Legal Question in Family Law in California
My ex husband and I have been divorced for 12 years (and have two children). I have full physical custody and we have joint legal custody. Our agreement regarding the children was that we'd toggle weekends and holidays, agreeing upon exceptions as they come up (birthdays, special plans, etc.)
Our daughter (who will be 15 next month) has stated repeatedly that she does not want to go see him anymore.
At what age is a minor child able to 'count'? I believe she is old enough to know where she does and does not want to be.
1 Answer from Attorneys
As of age 14 she had a statutory right to be heard in court in person by the judge to give her opinion and wishes at a hearing to modify the visitation. Ultimately, however, if your ex contests it, the judge must decide what is in the best interests of the minor child, and what she wants is only one piece of evidence in that determination. As we parents all know, what a teenager wants and what is in their best interest often are not at all the same thing.
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