View Full Version : Can by child make a decision about vivitation at 12
morris33
Jun 8, 2009, 05:40 PM
My child is 12 yrs old and I'm wanting to know can she make a legal decision about going for visitation with her mother? If so do I need to go back to court and get this in writing in another court order?
Fr_Chuck
Jun 8, 2009, 06:19 PM
No the child can not made any decision. The custodial parent will have to go back to court.
But unless there is a real reason that the other parent is a danger, I dobut they will stop his visit rights.
ScottGem
Jun 8, 2009, 07:00 PM
This is a hard one. Legally the chold cannot make a decision here. That part is legal fact. If you refuse to allow the visitation, you can be cited for contempt of court. But, from a practical matter its hard to force a child to spend time with someone.
So, what you do is go back to court and ask for a modifciation of the child custody order.
stinawords
Jun 8, 2009, 07:33 PM
If you don't want to force the child to go see her mother then go back to court to ask for a modification. Both answers are correct in that the child can not make a legal decision and if you do not do either option then you can be held in contempt (which yes can result in jail time, usually getting a warning first). Keep in mind that if there is no reason the judge can find for discontinuing or lessening the visits the order may not be modified.