Legal Question in Family Law in California
Visitation
What age can my 13-year-old daughter choose visitation with her non-custodial father?
He pays a small amount of child support semi-regularly, but has not exercised his
visitation rights for almost a year. My daughter would like to move out of the state.
2 Answers from Attorneys
Re: Visitation
The judge will listen to a child at any age, the older the child, the more weight is given to her desire. I am assuming that the question is written by the custodial parent, who will control where the child will be living and which state they are living. It the child wants to move out of state and live with a non-parent, the Father may be able to stop that. If the custodial parent wants to move out of state, she has the absolute right to move herself, and a presumptive right to move the child and should be allowed to move the child absent substantial detriment to the child. The move should not be made without the written consent of the Father or consent of the court. I recommend use of an attorney because you should give this your best shot. Good Luck, Pat McCrary
Re: Visitation
They never get to choose. it is up to the judge.
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