Legal Question in Family Law in Texas
Child custody and visitation
Can a 12 year old child decide if they do not want to continue visitation with a parent based on them being uncomfortable being around the parent? The child recently found out the parent is gay.
2 Answers from Attorneys
Re: Child custody and visitation
Generally speaking, both parents are "ordered" in the divorce decree to make the child visit the other parent.
If any child is having "issues", I strongly urge counseling for the parents and the child.
Remember, you can be held in contempt of court for not making the child visit the other parent.
As you are probably aware, you can be fined and/or sent to jail if you are found in contempt of court.
If a mental health professional is involved and knows the child, then the courts are usually willing to listen to what the professional thinks is best for the child.
Being a teen-ager is tough for all kids. It is also usually tough on the parents too.
If in doubt, get a mental health professional involved early in a problem.
Good luck!
Re: Child custody and visitation
I strongly agree with all that Ms. Brochstein has said. I also want to reiterate the importance of counseling for all three parties. The gay parent in this case should recognize that the child is uncomfortable, and that forcing the issue will probably only increase the emotional distance. It would be so much better for their relationship to take this at a pace the child can handle, so that they have a shot at saving their relationship.