In New York, what age can a child refuse visitation with the non-custodial parent?

Child Support 1 views 2 answers
My daughter doesn't have a room and finds the house and pets filthy and the people smoke in the house. She is willing to visit but she doesn't want to sleep over. I don't force her. Is this legal?

Attorney Answers

2
Ronald Sarno ·
If there is a court order in place and she does not go, you can be subject to a petition to family court to lose custody and have to pay child support. The court usually does not listen to the concerns of an unemancipated child. If there are personal difficulties with such a visit this should be addressed in a motion to the court which would discuss ways to remedy the situation or to have her visit the father off site, but not visiting at all will cause serious legal problems for the custodial parent. On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..………………………….. Divorce and Legal Separation in General and How It's Handled in New Jersey (Much of this is valid for NYS and unmarried parents also). Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong) LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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Kristen Browde ·
Mr.Sarno's answer is incomplete and, to an extent, inaccurate. The extent to which the Court considers the wishes of a child is proportional to the age of the child. The older the child, the more the Court assesses weight to the wishes of the child. That having been said, it may be worth your while to move proactively to modify the order before you find yourself defending against a complaint by your former spouse.
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