Legal Question in Family Law in Massachusetts

Legal age in MA to make custody choices for kids?

My daugter is 8. She lives with me as I currently have sole physical custodty. She sometimes does not wantt o go to her mothers so I don't force her to. Now her monther wants to get a modification with forced visitations. If my daughter does not want to go all the time do we have any rights? What age can she choose for herself?


Asked on 5/01/09, 2:44 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Legal age in MA to make custody choices for kids?

An 8-year-old does not have the right to control the visitation with her non-custodial parent. Her expressed desires are by no means controlling at this age. If she has real concerns about visitation that render it against her best interest, you will have to oppose the modification and expect to pay for a guardian ad litem to investigate the situation.

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Answered on 5/01/09, 2:59 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Legal age in MA to make custody choices for kids?

A child of that age does not have a choice. She may have an opinion. Unless there is a threat of harm or harm, she needs to go. Her choice does not become an issue for at least 4-5 years.

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Answered on 5/04/09, 5:01 pm


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