Legal Question in Family Law in New York
Age child can stop visitation?
My son is 12 and wants to stop his visits out of state with his father. At what age will the courts in NY listen to the child or for him to have a choice? He goes for school breaks.
1 Answer from Attorneys
Re: Age child can stop visitation?
You have to find out the real reason why your son does not want to go. If the real answer is that you are poisoning your son, you should change your habits. If the reason is that the father is emotionally abusive to the child, you should attempt to speak to the father to explain the child's anxiety.
At the age of 18 your son will have a choice about not going. At that age he is an adult (although maybe not emancipated for child support purposes). I agree that at 17, 16 or 15 you may have a tough time making him go. However, you must do the best you can.
You have the right to petition the Family Court on behalf of your son to stop visitation. However, your son must have a good (GOOD!) reason. I don't want to visit anymore does not cut it.
Mike.
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