Legal Question in Family Law in New Jersey

Visitation

What is the age where a child can refuse to see non-custodial parent. my husband and i have had custody of his daughter since 2000. the visitation is up to my husband. he can refuse to allow her to visit. we are in nj the mother in Philadelphia. my stepdaughter is now 13 and really has no interest in seeing her mother.. school functions, friends etc. her mother has no car so she doesn't visit my stepdaughter here. She is a recovering Alcoholic and is Bi-polar so her ups and downs are affecting my stepdaughter. she is now threatening to take us to court to get her back. she is still not stable enough to get her but it is still upsetting my stepdaughter. and she lives in a bad part of the city...so my stepdaughter is now worried. Is emancipation from her mother an option? I know that cannot adopt her becuase her mother wont' agree... thanks.


Asked on 5/30/06, 2:36 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Visitation

There is no set number, it depends upon the Judge and the circumstances. Regardless, I think 13 is too young. 15 seems to be the cut off age.

However, the child's decision combined with these other facts may be enough. This isn't a very complicated matter so it would not be cost prohibitive for your to retain a good attorney. I practice in Atlantic City courts (was there a week ago) and would be more than happy to speak with you about your case. My initial consultations are always free, so please call me at 732/247/3340 and we can discuss your options.

Good luck,

Jef Henninger, Esq.

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Answered on 5/30/06, 4:14 pm


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