Legal Question in Family Law in Massachusetts

child visitation

At what age does the Probate Court recognize a childs' opinion?- My daughter will soon be 13 and she has refused to see him- due to verbal abuse/hitting by her father.(which he denies) We are in the court process right now-I am just wondering if there is an age at which the court gives a child more of a ''voice.'' Thank you.


Asked on 12/09/06, 11:22 pm

2 Answers from Attorneys
Maria Murber Law Offices of Maria Murber, PC

Re: child visitation

The child always has a voice! The court however, does not take a parent's rights away unless, there is foundation for abuse, etc. They usually would take more consideration to a child that is 12 and up, because of the maturity level. It may be beneficial to request a Guardian ad litem in this situation.

Good luck! Sincerely, Maria Murber

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Answered on 12/10/06, 6:09 am

Re: child visitation

If there is abuse, then it should be reported to child services (DYS) and a Chapet 51B investigation will be conducted. Absent an investigation, the court will have to appoint a neutarl, third party to look into the allegations and make recommendations for the child's best interests.

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Answered on 12/10/06, 5:10 pm


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