Legal Question in Family Law in California
visitation modification
I am the custodial parent of a 10 yr.old that does not enjoy his visits with non-custodial parent and siblings from previous relationship. He is constantly battered with negative and derogatory comments about me and my current wife. Our child has decided to limit his visits and calls to them on his own. A motion has been filed to modify visitations by ex-wife. Will the courts usually allow a minor to speak on their own behalf as to what they want to do?
Thank you.
3 Answers from Attorneys
Re: visitation modification
Dear Inquirer:
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Nothing herein shall constitute an attorney-client
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case; you should contact an attorney of your
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situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, as well
as information about me (education, experience,
et cetera) and my office (location, hours, fees,
policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Most Family Law judges will NOT even talk to a 10
year old. The judge may appoint a lawyer to represent
the child if deemed necessary. You and/or your ex-spouse
will be required to pay for minor's counsel.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: visitation modification
You should be sure that the court is aware of the reasons that your son has reduced visitation. Courts routinely issue order parents not to make negative comments about the other parent or allow others to make negative comments about the other parent in the presnce of the child. If you can convince the judge she is violating this order visitation may be limited by the court.
Re: visitation modification
In reply to your question a 15 year old, yes, he can speak on his own behalf. A ten year old no he can not; a mediator will talk to the child then he will make a recomidition. If you have any other questions please give us a call at (909) 274-0057 and ask for Alex or Guy