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    patricia riley's Avatar
    patricia riley Posts: 2, Reputation: 1
    New Member
     
    #1

    Nov 22, 2009, 02:44 PM
    Age a child can decide which parent to live with
    My husband and I are divorcing , my ten year old son refuses to see me help
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 22, 2009, 02:48 PM

    Is not up to the child until he is 18 years of age. You get a child custody and child visitation agreement and the child goes where the child is told
    patricia riley's Avatar
    patricia riley Posts: 2, Reputation: 1
    New Member
     
    #3

    Nov 22, 2009, 02:50 PM
    Enforcement of court order
    Can a judge enforce my kids 8 and 10 to see me
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 22, 2009, 02:54 PM

    You first have to file in court and get a child custody order, and a child visitation order.

    Then you will have specific days and times they children are to see you.

    Your ex will have to give them to you on those days, If he does not, you take him back to court and he will be in contempt.

    So the courts force your ex to make them come to you for court ordered visits times.

    If there are reasons they should not, ( child abuse, drug use or more) then it may have to be supervised.

    If there are parenting issues, the court may order a parenting class before the visits start
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 22, 2009, 02:59 PM

    As noted (and there are dozens of threads that discuss this issue) a child can never make the decision only a judge can. Laws vary from state to state and some states require the judge to put more weight on the child's preference as they get older. With 8-10 year old not much weight would be put on their preference.

    But if you are not assigned as the custodial parent and you have court ordered visitation, its hard to force the child to go with you. The custodial parent must make the child available and not unduly influence them.

    For us to truly help you we need to understand more of the situation.

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