Legal Question in Family Law in New Jersey

Re: 11 year old does not want to visit

Hi,

A child has to be 7 to be inteviewed by the Court. After age 7, it will depend upon the circumstances, the age of the child, and the particular Judge (each one is different and has a different procedure).

The preference of a child is only a factor to be given consideration with regard to parenting time, it is not determinative.

The age of the child has a great deal to do with the weight attached to his or her preference. In some of the case law, the court considered the preference of a child who was 12 years of age in awarding custody to the stepmother with whom the child had lived. In another case, the preference expressed by a 17-year-old child was held to be entitled to strong consideration. Similarly, in an adoption proceeding, the court considered the views of a 14-year-old child, finding that his age, his capacity to form a rational judgment, and his mental development compelled credence.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: 11 year old does not want to visit

I have read what the other attorney wrote.

I think you should decide whether you want to push this, to first try to get her father to understand what she wants, and try to get him to agree to this, and then since he probably will not, you need to decide whether you want to ask the Court to cut down on the visitation.

Find an attorney who does a decent amount of divorce law, located reasonably near you.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: 11 year old does not want to visit

There is no specific age when a Court will absolutely honor the wishes of the child. Your daughter is within the range, however, where the Court will consider her wishes. In the final analysis, the Court will make a decision that it believes is in her best interest.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: 11 year old does not want to visit

Yeah, she may be a little young for a Court to decide that it is solely up to her. However, with the other facts you mentioned, there may be enough to terminate his visitation. If you would like, I could handle this for you. My initital consultations are always free, so call me at 732/247/3340 and we can discuss your case.

Good luck!

Jef Henninger, Esq.