Question: Does A 13 Year Old Have A Say In Custody?

Can a 13 year old change custody?

While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other..

Can a 13 year old refuse visitation?

The legal answer may be “yes” even though the ethical answer could be “no” in some situations. Under the law, each parent must follow a custody order exactly. … However, obviously parents may have less control over a teenage child who is refusing visits.

Does the child have a say in custody?

This does not mean, however, that they necessarily get to have a say in child custody cases. … A court will make decisions on where a child will live and how much time they will spend with each parent by considering The Family Law Act 1975. They will then create an order that is in the best interests of the child.

Can a 14 year old choose not to see a parent?

Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.

What age can a child refuse to see their father?

Generally though, the older your child is the more emphasis the court can place on their wishes and feelings. At the age of 10 or 11 for example, a child’s wishes may be considered by a court but would not be the determining factor in any decision.

Can an 11 year old choose which parent to live with?

It is absolutely wrong to assume or tell a child that they get to decide where he or she will live once they turn 12 years old. Once your child turns 18 and is a legal adult, then a custody order does not apply and they can decide where to live. The closer your child gets to age 18, the more he or she has a say.

What do I do if my child doesn’t want to see a parent?

Specifically, you could ask your child’s other parent to call the child on the phone or come over to your house and try to speak with the child who is refusing visits. This helps the other parent understand the situation and places some obligation on their part to facilitate visits.

What if a child refuses to see a parent?

When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. … The custodial parent then is threatened with incarceration or a change in primary custody unless they physically force the defiant child to follow the custody schedule.

At what age will a judge listen to a child?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

Can I run away to my dad’s house?

Yes, it’s a bad idea. If your mom has legal custody of you, you can’t just decide you want to live somewhere else. The case has to go back to court for a change of custody. Your dad could be charged with custodial interference if you run away and he lets you live with him.

Can a 13 year old decide who they want to live with?

A child does not get to dictate who they live with or the terms of visitation until they are of the age of majority. Their wishes are a factor that a court will consider, and the older they are the more likely a court will consider the wishes.

At what age does visitation end?

18Usually and in most states, the order will state that physical custody and parenting time rights terminate at “the age of majority” (which is 18, in most states). It the order is silent, the default rule usually is that the rights terminate at the age of majority, too.

What age can a child make a decision on which parent to live with?

If the child is under 12 years of age, shifting to live with the other parent might be a little hard but not impossible if they provide legitimate reasons. When the child is 14 years of age or over, it becomes an offense for anybody to compel them.

Can a 16 year old refuse to see a parent?

In the majority of states including Ohio teens under the age of 18 cannot legally make the decision themselves whether or not to see their parents. The only way to change this situation is for the custodial parent to go to court and try to get a modification of the custody agreement.

How a mom can lose custody?

Child abuse or sexual abuse is the number one reason that a mother can lose custody of her child. Sometimes this comes in the form of “corporal punishment” such as spanking or other physical acts of punishing a child – there is a fine line between discipline and physical abuse.