Legal Question in Family Law in Illinois

Does a 15 year old have the right to refuse to a weekend visition if there is a

When my son was 9 the final divorce papers stated weekend visitation with his father every other weekend. However, my son is now 15 going on 16, and his father is insisting on following the original visitation schedule. However, at this age (in high school) the activities are many and if they happen to fall on his fathers weekend he does not allow the boy to attend. He feels an ''agreement is an agreement''. When my son tries to stand up he gets nowhere. He is easily intimidated by his fathers response.

Does my son at his age have the legal right to tell his father that he just is not going to go. I am not saying that he would refuse all the time, but when there is a school, sport or peer activity going on. His father has moved to the other side of the city and because of the distance involved does not want to bring him to anything once he has him. My son is an A/B student and very involved in sports and I am worried that this constant conflict will

cause harm. At what age can the child state his desires and be able to make the decision for himself?


Asked on 3/28/02, 2:20 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Does a 15 year old have the right to refuse to a weekend visition if there i

Such visitation agreements or court orders are often changed as the circumstances change. The proper legal procedure is to petition the court to modify the court order. A court will usually strongly consider the preferences of a child, especially one who is mature. Based on what you have stated, a court will likely grant a modified visitation schedule in the best interest of the child. It is unfortunate that the father will not listen to his son. An agreement is an agreement, but only until it is changed, either by both parties realizing what is in the best interests of the visitation arrangement, or until a court changes the visitation. So, you can inform the father that if he doesn't consent to some appropriate modifications, you can take the issue to the court. The court may assign a court psychologist or other specialist to interview the parties and to advise the court on an appropriate resolution; however, such visitation arrangements are often modified.

Read more
Answered on 3/28/02, 4:42 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois