However, this will still be under evaluation against the best interests of the child. By the time children reach their teenage years they may even be given discretion as to whether or not the visitation occurs. 11455 El Camino Real, Suite 470 Office: (858) 458-9500 • Fax: (858) 630-2341 Copyright © 2020 - Huguenor Mattis, A.P.C. San Diego, La Jolla, Del Mar, Carmel Valley, Rancho Santa Fe, Carlsbad, Encinitas, Solana Beach, Pacific Beach, and Mission Beach. If a child, for a prolonged period of time, refuses to follow the Court’s visitation schedule then it demonstrates that the schedule may not accurately reflect what is in the child’s best interests. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. This article deals with an issue which sometimes occurs – when a child refuses to cooperate with the California Court’s visitation Order. My last discussion dealt with resolving disputes over which school a child will attend during the coming year. You need an Order that accurately reflects your situation. Teenagers are known to push their parents' buttons and try to call the shots, but legally speaking, in most states, teenagers under 18 don't have a say in whether or not they follow the visitation schedule. Technically, teenage children remain subject to their parents' control until age 18 or marriage (see Ca Fam § 7505). Understanding how San Diego courts deal with children of different ages is important in understanding how your case will proceed. Whatever your situation we can be of assistance. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. When it's a teenager who is refusing visitation, the court may look at the situation differently than they would if it was a young child. In this Motion (the process by which you request something) you would demonstrate all facts which support a change of custody, including the deteriorating relationship between a parent and child. When can a child decide whether to visit or not? Which Parent Covers a Child’s Health Insurance? All Rights Reserved. As the child becomes older then the Court will give increasing weight to the child’s desires. Nonetheless, if a teenage child refuses to visit with the noncustodial parent per the terms of a court order through no fault of the custodial parent, the noncustodial parent is probably left without a … The Court at that point may change the custodial arrangement or, depending on the circumstances, may order a trial on the matter. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the child’s best interest to do so. He visits his Dad 6 weeks in the summer and one weekend a month. The wishes of a child are considered when the Court sets an initial visitation order. BILL PAY. Contact a San Diego child custody lawyer today if you are facing this situation. Posted by Thomas Huguenor on July 2, 2014 in Child Visitation. You may need to download version 2.0 now from the Chrome Web Store. This is the fourth post in my series on child custody issues which San Diego parents face during the summer months. Can they arrest me if my child refuses visitation? The stronger the bond between the parent and child then the more visitation/custodial time a parent is likely to receive. Certified family law specialist by the State Bar of California's Board of Legal Specialization. My last discussion dealt with resolving disputes over which school a child will attend during the coming year. The older a child is, then the more likely the child will be given discretion as to whether or not the visitation will occur. Our Firm Services The Following California Areas: Cloudflare Ray ID: 5f8ec4831bd8dc37 We handle a wide range of matters including divorce, child custody, and child support. However, as children approach those teenage years they tend to do what they want. However, if the child is too young to make an intelligent decision then those wishes will be disregarded. Performance & security by Cloudflare, Please complete the security check to access. He is 17 now and turns 18 on 11/22. • Huguenor Mattis, A.P.C. The first step in changing child custody is to file a Motion with the Court. This discretion may even be written into the Court’s visitation order. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. This is the fourth post in my series on child custody issues which San Diego parents face during the summer months. In such circumstances the Court may be willing to change the custodial arrangement. 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. It can be highly problematic for several reasons if your child is refusing to follow their visitation requirements with the other parent. This article deals with an issue which sometimes occurs – when a child refuses to cooperate with the California Court’s visitation Order. my son does not want to visit his mother on thanksgiving this year (it is her year via the court papers). At this time, the parent whom the child wants to spend more time with can go to court and state the child's desires. Herein lies the problem. My 9 year old son is expressing a lot of dissatisfaction about having to miss out on his key events to visit his father. San Diego, California 92130 Lisa's Question: I am another single mom with a visitation issue and concern. This is an issue that is dealt with differently depending on the age of the child. Your IP: 139.59.164.196 If the child is of deemed age (as mentioned in Colorado, as early as 14 and more weight when the child becomes 16 to 17) and that child stated their visitation preferences or which parent he or she wishes to live. There is no law stating that at a certan age a child can refuse to go with the other parent. He is suppose to be there 11/17 to 11/24. Another way to prevent getting this page in the future is to use Privacy Pass. The relationship between a parent and child is one factor the Court considers when making child custody determinations. • is a San Diego, California firm practicing exclusively in the area of domestic relations law. Feel free to contact us today. Family Code Section 3042 requires the Court to consider and give due weight to a child’s preference regarding custody if the child is of sufficient age and capacity to … Leisure Time and the Impact on Gray Divorce. What is the age that a child can refuse visitation to a non custodial parent in the state of California? Which Parent Covers a Child’s Health Insurance?November 27, 2020, Making Holiday Plans Before a DivorceNovember 13, 2020, Dividing an Online Business in a DivorceOctober 7, 2020, Leisure Time and the Impact on Gray DivorceOctober 5, 2020, Your Custody Plan and Virtual SchoolingSeptember 21, 2020, Huguenor Mattis, A.P.C. Blog Sitemap - Legal Marketing by: SLS Consulting, Certified Specialist in Family Law Since 1981, disputes over which school a child will attend, Parental Presumption and Child Custody Laws.