Legal Question in Family Law in New Jersey

Is it legal for a 12 1/2 year old child to refuse to go to a parents house for visitation?


Asked on 3/07/10, 5:56 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Is it legal? What do you mean? Is the child subject to arrest for refusing to go to a parents house for visitation? Or do you mean will the child be sued for refusing to go to a parents house for visitation? If the child refuses, is legality the real issue?

The real issue here is why is the child refusing to go. Both parents should be trying to get to the bottom line reason for that. If there is a belief by one parent that the other parent is attempting to keep the child from the other parent, then that parent should be insisting that he/she and the child attend counseling so that a neutral third party can determine what is going on. That is more important than asking the legalities of the situation.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

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Answered on 3/12/10, 7:08 pm


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