Child Visitation-Child's right to choose

[kimdkile]

We live in Alabama. My ex-husband and I have been divorced for over 10 years and follow a standard visitation schedule. I am the custodial parent. My son is 15 now ...will he ever have the right NOT to go visit his father ? He has never bonded with his biological father and does not want to go to his home . I have been told that a child has a choice ( after a certain age )...just curious I guess. Is there such a thing as a "cut uff " age as to when the visitation is no longer in effect ...legal age maybe.Any advice out there ?

 

[carney]

I have heard of many cases where a judge wont make a 15 year old visit if he/she doesn't want to. Each judge is different though. What has to happen is the child tells the parent he doesn't want to visit. Then the parent says they will take them to court to enforce it and the child will probably have to testify that he doesn't want to visit. It's completely up to the judge at that point. Some judges wont enforce it and others will. It doesn't hurt to try though because either the child will gets what he wants or will have to continue visiting until he's 18. My 15 year old doesn't want to visit his dad either but he also doesn't want to have to testify in court because he is shy. So he just keeps visiting and it makes him more and more angry.

 

[Malibu_Barbie]

I have heard of many cases where a judge wont make a 15 year old visit if he/she doesn't want to. Each judge is different though. What has to happen is the child tells the parent he doesn't want to visit. Then the parent says they will take them to court to enforce it and the child will probably have to testify that he doesn't want to visit. It's completely up to the judge at that point. Some judges wont enforce it and others will. It doesn't hurt to try though because either the child will gets what he wants or will have to continue visiting until he's 18.

I totally agree with Carney.

 

[gearhart7]

My stepdaughter decided that she didn't want to come for visitation because of in her mind I was this terrible stepmom making her mind the rules, etc. We took her mom to court for contempt of non-visitation. Our judge told her that she WAS to come for visitation with her other siblings and her father. If the non-custodial parent wants to fight for visitation unless there is serious reasons why, he will have to go to her fathers. Or the mother will face jail time.

Our case was in Indiana.

Gearhart7

 

[lonelyinny]

18

We live in Alabama. My ex-husband and I have been divorced for over 10 years and follow a standard visitation schedule. I am the custodial parent. My son is 15 now ...will he ever have the right NOT to go visit his father ? He has never bonded with his biological father and does not want to go to his home . I have been told that a child has a choice ( after a certain age )...just curious I guess. Is there such a thing as a "cut uff " age as to when the visitation is no longer in effect ...legal age maybe.Any advice out there ?

if there is a court order for visitation, your son has to go, or you can be held in contempt, and done enough times, he will be living with dad and visiting you. he can decide not to see dad when hes 18, not before

 

[jharris352]

The Dad has a right to visitation of his children. The children do not have a right to refuse.