Legal Question in Family Law in New Jersey
Child does not want to see father
I have full custody of my 15 yr old son. As per our divorce agreement my son currently visits his father every other weekend, alternate holidays and vacations. It has been that way for 13 years. He now feels he's old enough to be able to decide for himself if and when he sees his father. Is there a certain age in NJ when a child can make this decision and say no if he doesn't want to go? If so, do I need to get a court order giving my son this right?
1 Answer from Attorneys
Re: Child does not want to see father
Courts will allow children to make this type of decision if they are of the belief that the child is mature enough to do so. There is no particular age. However, if the child, at age 15, does not want to go, he should be speaking with his father personally. If he's mature enough to make that type of decision, he should be mature enough to discuss it honestly with his father. If he can't even do that, it seems to me that he's not old enough to make the decision and should continue with the schedule. 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, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob