My husband has a visitiation agreement with his two children from his ex wife. It is very strict. Every other weekend and one day throughout the week. His oldest daughter is 11 years old and we have been told by many people when she is 12 she will be able to choose who she lives with or say whether she wants to go with her dad or her mom when it's the opposite visitation. Such as she's with her mom for the weekend but wants to be with her dad.
Don't listen to "many people" about legal matters. The truth is that, with very rare exceptions, we do not allow children, especially 12 year olds, make decisions about where they live. This is even rarer when you are talking about a modification.
Think about what you are saying for a minute. If what you say is true and the child is unhappy for being grounded with her mother so she says she'll go live with her dad. Then she gets angry at the dad because he found out she skipped school so she is grounded again. Now she wants to live with her mom. Get the idea. She is 12 and 12 year olds lack the maturity needed to make these decisions and almost always react emotionally-not to mention that they will play their parents against each other to get their own wishes granted.
Talk to a lawyer who knows about law things.
Who are these many people who have apparently told you that 12 is the key age for children making decision making regarding custody/visitation decisions?! In NC there is no key age as to when a child can have such definitive input. And if there was, 12 would still be pretty young anyway.
The court looks at many factors in terms of trying to modify the current order in place and a child's wishes (depending on the age, which again is discretionary per the judge). I will also add that you said this is a "visitation agreement", so it is unclear if it is even a court order or just a mere contract/agreement.
As the other attorney advised, your husband should consult with an attorney to go over the current document and further information about the facts and see if there is enough to move forward on changing the current schedule
The responses contained herein do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. The responses may or may not apply to you and should not be relied upon as ACTUAL legal advice. Rather, what is being provided here is legal information that would be best followed through on with a consult with an attorney after learning more about your specific facts, needs, legal issues, and goals.
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