Legal Question in Family Law in Washington
Childrens' rights in the State of Washington
I have twin stepsons at the age of 13 who at this time are refusing to go down and spend time with their father and do not answer his telephone calls. This is against the divorce decree made in California as to visitation. There has been an allegation from one of the twins as to abuse. Do they at the age of 13 have any say as to when they see their dad or not? Or, by law, are they going to have to keep being put into a bad situation? Does the father have the right to modify the divorce decree in court as to the children without the ex-wife ageeing thereto? She is the custodial parent and was also the petitioner.
1 Answer from Attorneys
Re: Childrens' rights in the State of Washington
Children who are 13 are not old enough to make decisions about visitation - the parenting plan binds the parents, nobody else. The children don't risk contempt, the parent does.
If the allegation is credible, your duty is to report it and let CPS investigate it. If CPS agrees that the allegation is founded, then there is a basis to move to modify the parenting plan, but this isn't a basis to allow the kids to determine whether they are going for a visit, or not.
The person who decides to modify a parenting plan is a court, not one of the parties, if the parties cannot reach an agreement that is in the children'e best interest.
That is the whole point of court - to make decisions for people who cannot agree.
Hope this helps. Elizabeth Powell
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