What is the legal age a child can stop visitation?

Question

My son, who is 12, does not want to go to his dad's anymore. The man is so mean, controlling,obscene and smokes pot in the house. My son is terrified to tell him that he does not want to be there because his dad is emotionally abusive and scary! He already kicked his own daughter out of the house and she moved in with me. This is HIS daughter!!!!

Are there any legal ramifications? My son is of age...I think. Can he just say he doesn't want to go or will his dad have the right to force the court order on him? I can't see law enforcement making a 12 year old boy go to his dad. But I want the facts before we go forth. Thank you in advance.

Answer 1

Go back to court to get visitation modified. In most jurisdictions a twelve year old can make up his own mind. This will not affect support. The child still eats, even if he doesn't want to see his father.

Answer 2

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Answer 3

Not sure that is an issue based on age. More likely it would require a court action as the parent would have to have their rights removed by a Commissioner or Judge. In CA they child can petition for a change in custody at 14. My youngest decided to live with me when she was in her Freshman year of High School. Had to go to Court and have it inked and stamped.

Answer 4

The judge may take into consideration your son's wishes now, but in many states, I believe the magic number is 14. Good luck, my ex poison my children against me, and I now do not have a relationship with them. Do not delay in checking this out. I you look in the yellow pages, get a free consultation from a lawyer, many offer it.

Answer 5

Question and a suggestion. Are you receiving child support for the 12 yr old? Find a child advocate for the 12 yr old and talk with them. This is a legal question.

Answer 6

He is at the age he can tell a judge! Go and get your son out of the problem! Good luck ! The judge will listen to him now because he can make his own decisions! but if you get support it most likely will stop!

Answer 7

you may desire to communicate with the police with reference to the father's pot smoking and the abuse your son suffers (emotional abuse leaves very deep scars)... each so often they'll deliver in social facilities... yet i'm constructive whilst social facilities arrives, he won't illuminate a joint. Social facilities could probable interview your son besides. or you may call social facilities your self, yet perhaps it quite is a sturdy thought to make a police report? i think of that, in maximum states, a new child over 12 can be sure what she or he desires to do. yet whilst i've got been a determine and my new child referred to as and stated "i'm no longer traveling", i could be attentive to why... i'm constructive your new child's father is familiar with he's an ***.... some adult males in simple terms can no longer help being one! you additionally can circulate to a kin therapist for reliable help and suggestion. take care and that i'm hoping you get reliable solutions right here.

Answer 8

It depends on the law of your jurisdiction. If you want to be sure, call the court in the divorce/custody case. They can tell you that basic information. It is usually 10 or older, though.

Answer 9

You need to take him to an family law attorney. If he is able to tell his own story in his own words without your prompting, then lawyer can probably just have him go into the judge's chambers and explain it. If it is truly his wish, then he can almost surely get the opportunity to refuse visitation.

Answer 10

Try to get a restraining order or appeal to a judge, at this point you are the only one who can stop it. A child can decide about visitation when he is 18 or no longer a minor (at which point visitation is no longer needed).