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How old does a child have to be before he/she can decide not to have their scheduled visits with their father in Texas?

Dallas, TX |

My ex has not had a relationship with our child to speak of. The child sees him every other weekend and does not want to do this anymore due to them having no connection and now he has made threats to her that he will have our house surrounded and have the police make her visit with him. She is almost 14 years old and does not want to see him. At what age can she decide this?

Attorney Answers 2

  1. Until there is a modification of the possession order, you are obligated to maintain the schedule. In order to change that, once your child reaches the age of 12, your child and/ or you can file a motion to modify possession with the child stating her or his preference. After the motion is filed, with the necessary supporting affidavits and statements, there will likely be a couple of hearings depending on your county's family court practice. This will likely not be an easy task and you should consult with a family law attorney in your area before begining the process.

  2. 18.

    Children don't get to make that decision. Adults do. If this is really affecting your child, then you will have to go to Court to modify the possession and access order. Most judges will not accept that my 14 year old doesn't want to go as a reason, so you need to be prepared with good solid reasons your daughter should not see her father. You also need to demonstrate that you are encouraging her to have a relationship and go.

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