Legal Question in Family Law in New Jersey

Visitation rights when can kid decide?

At what age can a child decide that they do not want to have visitation with other parent? My kid, 14 years of age, who is not the biological kid, of my husband, does not want to see my husband. Kid recent witnessed him do domestic violence on me. Beat and choked me. Kid is in fear that he will hurt kid. Husband has hurt kid in past and kid has just brought that to my attention. Kid can not forgive/forget right now. I have set up counseling for family and indivudial counseling to deal with issues but I need to explain this to the Court today. Does my husband, who I have a TRO against, have any rights to the kid? I have a seperate child support order for kid and seperate custoday order for kid from kid's biological parent. Kid does not know my husband is not biological parent. That subject never came up and never thought it would. Now I see I will have to deal with that too soon. Please advise. Thank you.


Asked on 1/26/09, 11:12 am

3 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Visitation rights when can kid decide?

If you have a TRO there is a presumption that you should have full custody. I would need to know more and would be interested in what happened at the hearing.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

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.

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Answered on 1/26/09, 5:59 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Visitation rights when can kid decide?

There is no set age. It is up to the judge.

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Answered on 1/26/09, 12:49 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Visitation rights when can kid decide?

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

There are other serious issues here that would affect the determination. All of these issues need to be brought before a Judge so that an appropriate decision can be made.

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

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Answered on 1/26/09, 1:11 pm


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