Legal Question in Family Law in Connecticut

Rights of Minor Children

What is the legal age in CT for children to decide wheteher or not they go on a scheduled visitation? Also, if they are not of legal age, what is the process to obtain legal council for them?


Asked on 12/20/02, 4:32 pm

1 Answer from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

Re: Rights of Minor Children

There is no "legal" age when a child can refuse visitation other than the age of 18 years old. However, difficulty arises when a child under the age of 18 does not want to visit with a parent. Generally, the court would appoint a guardian ad litem or an attorney to represent the child and to assist the court in discovering the reasons why the child refuses to visit. The court may order counseling as a remedy, rather than attempt to "force" the child. The question you pose is a difficult one because each case is different with different factors.

A parent can request the court to appoint an attorney or guardian ad litem to represent the child by filing a Motion in a divorce, post-divorce or custody case. The difference between an "attorney" for minor child and a guardian ad litem (usually, also an attorney) is that the latter must act in the best interest of the child, generally regardless of the child's wishes, and the former must express to the court the child's wishes, generally regardless of the child's best interest. I say "generally" because there are other factors which may permit either to act outside the scope I have outlined here. That scope is much more complicated.

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Answered on 12/23/02, 9:42 am


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