Legal Question in Family Law in Virginia
what age can a child decide?
My stepson's mother has done nothing but lie, disappoint, and just be mean in general to him. He hangs up when she calls him, and we have to fight him to call her, even if all we can get him to say is ''I don't want to talk to you right now.'' He is currently 10 and will be 11 in December. At what age in Virginia does he have the right to say he doesn't want to go on visitation? He gets extreamly upset when he knows he has to go, and they both fight the whole time they are together. SHe doesn't see him that often, but he currently doesn't want to see her at all.
1 Answer from Attorneys
Re: what age can a child decide?
There's no hard and fast rule, but by age 14 the courts are likely to recognize that enforcing visitation against his wishes is not going to be successful, since he can just run away from his mother.
If she is not all that active in his life, perhaps she would be willing to acknowledge that he doesn't want to be with her and would be agreeable to a step-parent adoption, which would also end her child support obligation.
It's a big step, but you and your husband may want to discuss this possibility.
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