Legal Question in Family Law in Illinois
visitation/preference and child's age
My son is 12 and his father has shown a pattern of not getting him as the order has stated. In the past year he has started to resume his visitation, much to my son's chagrin. My ex-husband is supposed to take him for 6 weeks in the summer and every Wednesday evening from 4-8 and every other weekend. Is my son old enough to tell the court that he does not want to go to his father's every Wednesday, as it is interferring with after school activities? He also does not want to spend 6 weeks in the summer with his father, he has never done it before, but his father has told him that he will be taking him this summer. What are my son's rights?
2 Answers from Attorneys
Re: visitation/preference and child's age
This will depend on the child's age and what is in the best interest of the child.
10 years and below, the child has no choice. 16 and above the child would have a lot of choice. Your child is in a grey area right now.
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Re: visitation/preference and child's age
Your son is a minor, so his rights are limited to Constitutional ones. The court will always look to the best interest of the child, which is determined by the judge given the circumstances. 12 is an age where the judge will give good credence to his wishes, but will certainly not place it above other factors.
I don't know the facts of your situation, but remember that the purpose of having both biological parents in the child's life has to do with child development, NOT how it makes the parents feel. Quite frankly, the court could care less what the parents want. The court feels that the child is the only innocent person in the whole matter.
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