Legal Question in Family Law in New York
visitation of 15 year old son
my x had his visitation taken away seven years ago. he never followed through with what he needed to do to get it back now he wants to see my son wh is 15 does my son have a say in whether he has to see him? Or is it up to the courts he has no desire to see him. what is the age that he can make his own decision? I really don't want to go through another court battle. I feel he is old enough to make his own decision
2 Answers from Attorneys
Re: visitation of 15 year old son
The court will decide visitation on the well-known "best interests" analysis, but is likely to give weight to your son's preference because of his age. The father's failure to pres the issue may also work against him. On the other hand, the courts generally prefer to see children spend at least some time with both parents. Feel free to call me at 212-367-9167 to discuss this further.
Re: visitation of 15 year old son
No court will force your son to see his father after seven years of no contact. Obviously your son has been hurt by not seeing his father. It is understandable that he would not want to be hurt again.
You do not explain why the father's visitation was "taken away." That is an extreme remedy. Most judges would be more likely to grant supervised visitation.
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