Legal Question in Family Law in Texas
Childrens rights in divorce
At what age can a child decide on visitation with the non-custodial parent? Is there a set age when the decision becomes the childs and not the parent? In this case the child will be 12 in less than a week and has lost interest in submitting to the non-custodial's verbal abuse and offensive language. She still wants to maintain contact but not at the preset levels. Currently this is every other weekend, 6-8pm on Wednesday during the school year and the month of July. This year only 10 days were spent during the month of July before it became intolerable to stay for the duration of the month.
1 Answer from Attorneys
Re: Childrens rights in divorce
I would suggest a motion to modify supported by a social workers interview with the child describing the reasons for limiting the visitation. Perhaps visitation should be limited to supervised visits in the company of another adult. The child must be prepared to tell her father that she care for him (I guess she does), but that she will not tolerate verbal abuse and offensive language. If the father does not want to comply with this reasonable requirement, then it is his loss.