Legal Question in Family Law in Washington
Age at which a child can decide when to visit parent
My daughter is 12 and pretty much miserable and hates spending weekends with her dad who is now remarried to a woman w/3 kids and they have a new baby. She is treated as an outsider, and has to beg for clothing, shoes, etc. I've been told the legal age for her to make this decision when to visit is 12. Is this correct?
1 Answer from Attorneys
Re: Age at which a child can decide when to visit parent
No, it is not. It is way too simple. Children don't have the decision making skills of grown people, that is why we make them go to school and take baths and sign permission slips to send them places.
It puts an impermissible burden on the child to ask her to make a decision like that. If a court thinks that you, the parent with primary residential placement, are doing anything but supporting the father's residential time, you could be held in contempt.
It works like this: you can choose to petition the court to modify the terms of the parenting plan, based upon the child's best interests and the circumstances of the non moving party (the father). The court has to find adequate cause. The court will consider your request, and *may* appoint a guardian ad litem to investigate and advise the court as to the situation. Alternatively, the court could find that you are alienating your daughter from her father and order you to pay sanctions - his reasonable attorney fees and costs of defending your modification.
The GAL represents your daughter, and gathers facts with which to advise the court what the court should do. After the GAL's investigation is complete, they will tell you what they think and you can decide whether you should proceed with the modification, or whether you should stop while you are ahead.
For better or worse, this man is her father, and deciding on the basis of what your daughter tells you that she should stop seeing him isn't going to make things better for her as she becomes a teenager. Kids - especially teens - need the value that each parent brings to their life. With any luck, there will be a graduation and a wedding and grandbabies for you and your ex to enjoy.
Do what you can to learn to be a co - parent.
Hope this helps. Elizabeth Powell