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How old does a child have to be to decide if they want to go for visitation with the non custodial parent or not

Elkhart, IN |

My son is 12 now and he has been not wanting to go for his visitation with his father for years now. He is just a mean and angry person and he is just verbally abussive to him every time he has him. There has also been numerous occasions where i have had to call the cops on him and my son has always been right in the middle of this. The latest incident he was extremely inraged and was in mine and my sons face screaming at us. I really thought one of us was going to get hurt. This just really needs to end and im not sure how to go about going so.

Attorney Answers 1


The law regarding a child's 'right'* to choose which parent to live with is murky, and varies considerably by State and jurisdiction. Although not a standard by any means, many States have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen. The judge is normally given almost unlimited latitude in whether or not he listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age". The judge will decide based on a best interest of the child standard,

Contact a local lawyer to talk specifics.

Good luck to you.

Note: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. Check with a lawyer in your own jurisdiction. The law is constantly changing and answers different from place to place.

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