Legal Question in Family Law in Missouri

Age to Decide

At what age can a child decide when he/she does not want to go visit the non-custodial parent? What if there is emotional/psychological abuse happening in the non-custodial parent's house?


Asked on 5/25/04, 2:56 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Age to Decide

As I have advised many clients with the same question, the law does not speak in terms of a child's right to decide. The law speaks in terms of a parent's right to visitation, tempory custody, or whatever with the child. If there is reasonable proof of any emotional, psychological or other abuse going on, then the innocent parent should certainly take immediate steps to protect the child from harm. One might do this by filing a Motion to Modify seeking a Court Order limiting visitation, requiring supervised visitation, or even requiring counseling for the abusing parent. I have handled numerous such situations over the course of the twenty-six years I have been practicing law. If you are in need of legal services and are not already represented, you may call me for a free telephone consultation at 314-727-2822.

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Answered on 5/25/04, 7:55 pm


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