Legal Question in Family Law in New York
Children's Wishes
At what age does a child have the right to determine if he/she wants to visit or not with non custodial parent? I have 3 children. The oldest, being 13, wants nothing to do with her mother due to past abuse. Can I legally uphold her request not to see her mother?
1 Answer from Attorneys
Re: Children's Wishes
She needs to go back to Family Court with her law guardian and request a change in her visitation status. You cannot force her to go, but it should not be your position that she not go. You should encourage her to have a relationship as long as it is not toxic.
You should also consider therapy for this child who has been so alienated from her mother. Even if she is right to feel such alienation, she will hold the anger into adulthood unless she confronts it now with a qualified pychotherapist.
Speak to the school psychologist for a referral.
Good Luck.
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