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. San Diego, La Jolla, Del Mar, Carmel Valley, Rancho Santa Fe, Carlsbad, Encinitas, Solana Beach, Pacific Beach, and Mission Beach. This is an issue that is dealt with differently depending on the age of the child. My 9 year old son is expressing a lot of dissatisfaction about having to miss out on his key events to visit his father. Whatever your situation we can be of assistance. 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. This discretion may even be written into the Court’s visitation order. The Court at that point may change the custodial arrangement or, depending on the circumstances, may order a trial on the matter. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. He visits his Dad 6 weeks in the summer and one weekend a month. • By the time children reach their teenage years they may even be given discretion as to whether or not the visitation occurs. 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. The relationship between a parent and child is one factor the Court considers when making child custody determinations. The wishes of a child are considered when the Court sets an initial visitation order. 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. The first step in changing child custody is to file a Motion with the Court. However, if the child is too young to make an intelligent decision then those wishes will be disregarded. Cloudflare Ray ID: 5f8ec4831bd8dc37 my son does not want to visit his mother on thanksgiving this year (it is her year via the court papers). 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. Leisure Time and the Impact on Gray Divorce. My last discussion dealt with resolving disputes over which school a child will attend during the coming year. Your IP: 139.59.164.196 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 … In such circumstances the Court may be willing to change the custodial arrangement. The stronger the bond between the parent and child then the more visitation/custodial time a parent is likely to receive. 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. 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. We handle a wide range of matters including divorce, child custody, and child support. As the child becomes older then the Court will give increasing weight to the child’s desires. BILL PAY. What is the age that a child can refuse visitation to a non custodial parent in the state of California? Technically, teenage children remain subject to their parents' control until age 18 or marriage (see Ca Fam § 7505). 11455 El Camino Real, Suite 470 This article deals with an issue which sometimes occurs – when a child refuses to cooperate with the California Court’s visitation Order. This is the fourth post in my series on child custody issues which San Diego parents face during the summer months. Which Parent Covers a Child’s Health Insurance? Our Firm Services The Following California Areas: 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. He is 17 now and turns 18 on 11/22. At this time, the parent whom the child wants to spend more time with can go to court and state the child's desires. Another way to prevent getting this page in the future is to use Privacy Pass. You need an Order that accurately reflects your situation. is a San Diego, California firm practicing exclusively in the area of domestic relations law. • San Diego, California 92130 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 … You may need to download version 2.0 now from the Chrome Web Store. Understanding how San Diego courts deal with children of different ages is important in understanding how your case will proceed. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. When can a child decide whether to visit or not? 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. Contact a San Diego child custody lawyer today if you are facing this situation. Office: (858) 458-9500 • Fax: (858) 630-2341 However, as children approach those teenage years they tend to do what they want. Herein lies the problem. Can they arrest me if my child refuses visitation? Copyright © 2020 - Huguenor Mattis, A.P.C. Lisa's Question: I am another single mom with a visitation issue and concern. Huguenor Mattis, A.P.C. Performance & security by Cloudflare, Please complete the security check to access. Certified family law specialist by the State Bar of California's Board of Legal Specialization. This article deals with an issue which sometimes occurs – when a child refuses to cooperate with the California Court’s visitation Order. 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. However, this will still be under evaluation against the best interests of the child. The older a child is, then the more likely the child will be given discretion as to whether or not the visitation will occur. Posted by Thomas Huguenor on July 2, 2014 in Child Visitation. He is suppose to be there 11/17 to 11/24. All Rights Reserved. Feel free to contact us today. My last discussion dealt with resolving disputes over which school a child will attend during the coming year. It can be highly problematic for several reasons if your child is refusing to follow their visitation requirements with the other parent. There is no law stating that at a certan age a child can refuse to go with the other parent.