Legal Question in Family Law in Washington

Age child can decide not to visit parent

My son does not want to go visit his father and stepmother every other weekend. He often comes home extremely stressed and emotionally beat up. At what age can he decided not to go?


Asked on 11/19/07, 6:55 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Age child can decide not to visit parent

Eighteen.

Actually, the person who is subject to the parenting plan's remedies for non compliance is you, not your son.

Your son didn't agree or litigate the matter. You did. If the plan is not working, your options are to suggest counseling for your son if necessary, invoke the dispute resolution section of the plan and go talk about your son's issues with his visits with his Dad, or litigation.

In order to modify a parenting plan, the moving party has the burden of showing that the circumstances of the non moving party and / or the child have changed since entry of the decree such that the plan is no longer in the child's best interests. This is a huge hurdle to get over, because courts are loathe to change parenting plans. It is too hard on kids.

Also, be wary of in any way being seen as alienating your son from his father. If the father thinks he can demonstrate that it is you that has the problem, not your son, you could face losing custody over this.

When you can solve your own issues, no one is going to second-guess you. When you ask a court to do it for you, the risk is that you may not like the result.

Hope this helps. Elizabeth Powell

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Answered on 11/19/07, 9:56 pm


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