Legal Question in Family Law in California

Normally, a court will consider the desires of a minor at the age of 12. However, if there is an existing court order allowing visitation to the father you must comply with its terms or seek a modification. The father can enforce the court order permitting visitation notwithstanding your reluctance.

The child never has the choice until they are no longer a child, i.e. they turn 18. Up until then it is governed by court order. Whatever court order is in place must be followed. Mr. Goff is somewhat right that the court will CONSIDER the minor's wishes, and the older and more mature the child the more weight will be given the minor's wishes, but no matter what the child's age, the court is required to determine and order what is in the best interests of the child, not what the child says they want.

The court will consider the wishes of your child, even at age 10. However, it is highly unlikely that a court will order that he does not see his father. A judgge may decrease the number and length of the visits, but will not terminate the visits, absent abuse. You may wish to get a consultation with a custody attorney who can get more information from you and can give you a more definitive answer. Good Luck, Pat McCrary