Can 16-year-old refuse to see the non-custodial parent? - Child Custody Law Questions and Answers-

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Can 16-year-old refuse to see the non-custodial parent?

Non-custodial parent has been in prison for 12 of my son's 16 years. Now he is not paying child support and wants my son to come stay by him.

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I would suggest that you go to emergency mediation with your ex and your son.

Answer Applies to: California
Replied: 1/13/2014

J. Barbour Rixey, P.C.
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If you file a motion to amend visitation the Court will consider the child's preference in determining what visitation the father gets.

Answer Applies to: Virginia
Replied: 1/8/2014

Answer By John Russo

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At that age most Judges are reluctant to force a 16 or 17 year old to visit, but you should stay out of it, and if anything you should encourage it, even if only half heartily.

Answer Applies to: Rhode Island
Replied: 1/7/2014

Jefre S. Goldtrap
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From the scenario you describe the now paroled parent would seek to enforce the parenting plan and if you refuse he or she could ask that you be held in contempt. It would seem difficult to explain why he failed to maintain contact with the child since he was in prison for the last several years. Secondly his failure to pay child support does not have an effect on the court's Order regarding parenting time. You may also wish to file a Petition to Modify the Parenting Plan and indicate that the parent and child have had no contact for four years and need to be reintroduced before significant amounts of time are spent together.

Answer Applies to: Tennessee
Replied: 1/7/2014

Answer By Annette M. Cox
Law Office of Annette M. Cox, PLLC
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At the age of 16 the court will consider his preferences, provided he is of the age and maturity to express preferences. There is no guarantee the court will do exactly as your son wants however. I would consider talking to an attorney to discuss your options.

Answer Applies to: Arizona
Replied: 1/7/2014

Grace Law Offices of John F Geraghty Jr.
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It depends on if there is a court ordered visitation, if there is you need to ask to have it modified

Answer Applies to: Georgia
Replied: 1/7/2014

Peters Law, PLLC
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Is there a court order granting non-custodial parent visitation? If so, then no, the 16-year old cannot refuse and neither can you. If there is no court order for dad to have visitation, then you can refuse to allow your son to see the father until there is such an order.

Answer Applies to: Idaho
Replied: 1/7/2014

Answer By John F Brennan
Musilli Brennan Associates PLLC
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What does the order says, if there is none then get an attorney and have one entered. He does not have a good case but will be granted some parenting time.

Answer Applies to: Michigan
Replied: 1/7/2014

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