Legal Question in Family Law in New York
Child does not want to go to Father's anymore
I have permanent residency w/ joint custody of my boys that are 13 and 11 now they no longer want to go to their Father's house one night a week and every other weekend , at what age are they able to make that decision and be able to do so legally?
2 Answers from Attorneys
Re: Child does not want to go to Father's anymore
If you were to take this matter to the Judge, he/she would more than likely explore their reasons for not wanting to visit. However, visits are encouraged and they will not have the final say. Their law guardian will explore what their reasons are for not wanting to visit but even then the court will attempt to address those issues, not just suspend visits.
Re: Child does not want to go to Father's anymore
Are they just not happy with the arrangement, or do they not want to see Dear ole Dad anymore? They don't get to make the call, they have to seek to end the visitation thru their Guardian ad litem. Should they not have one, they should talk the issue out with both Dad and yourself to be sure Dad stays in their life.
Find out if there are some changes you can make that might make the visit more pleasent.
Under the law, they have to visit with him until they are 18. Usually, however the court will listen to 16 year old or older. If the child is very mature, a thirteen year old will get a say with the court. It is unlikely however that the court will order that the younger child can forgo the visits.
Good Luck.