Legal Question in Family Law in Massachusetts

Age when child can say what they want?

Hi. I have an 11 year old son, I am divorced from his dad for almost 10 years, anyhow - I have legal guardianship and joint physical custody of my son. He goes to see his dad every other weekend for 2 nights. My son has recently come home from his dad's house asking when he can make the call about having to see him. I have always tried to keep their relationship going, but now my son is at an age where he just doesn't want to see him as much. How old does he need to be so he can make some of these decisions. I agree completely with him, but I can't voice that to my son or push him in either direction. I knew someday he would decided on his own one way or the other when he wanted to be with which parent. Just curious when the courts consider him old enough to know what he wants?


Asked on 5/26/09, 2:14 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Age when child can say what they want?

In theory, a child gets to make these decisions when they are 18. Massachusetts does not allow minors to make this decision. When a case is in court and a minor is 14 or above, a judge must get the minors opinion before making a decision. However, the judge does not have to do what the minor wants.

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Answered on 5/27/09, 8:28 am


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