Age 12 is when a child's opinion can be taken into consideration though. Answer: I am unable to give you legal advice on divorce.I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice. 0 0. az_mommma. My issue with visitation is more about protection of my rights as a non-custodial parent. Since emancipation makes the child a legal adult, an emancipated minor can refuse contact with his divorced parents. A lot of judges feel this way as well. Making Visitation Easier On the Children – Here are some ways to try and ease the visitation process and make it a little less painful for the kids. 10 or 12-year-old child is entitled to have their feelings heard and given weight in legal proceedings about custody and visitations. A judge will enforce visitation orders or even hold a parent in contempt if that parent is preventing visits between the child and the other parent. In California, 18. A parent may also be asking themselves, "At what age can a child decide if they want to visit the other parent?" Until 1974, children had ‘the right’ to choose which parent they lived with at age 14. My youngest child, age 12, desires to live with me. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child. In rare cases this may be overruled by the court. A child in the state of Alabama can not opt out of visitation with the non custodial parent until the age of 18. There’s not a set age at which a child can refuse visitation. In Mississippi, “visitation” is the time a child spends with a noncustodial parent and is a very important subject for many parents involved in divorce or custody cases. Family court judges throughout the state of Arizona give strong consideration to each child’s preference when making important decisions about parenting time and visitation rights. I like to tell the parent I am meeting with “there is a magic age when your child can choose, and that age is 18.” This usually gets a chuckle. At What Age Can a Child Refuse Visitation in Arizona? The judge may also choose to talk to the child in the absence of parents. In California, either parent can have custody of the children, or the parents can share custody. Under South Carolina law, legal provisions do exist to grant child visitation rights to step-parents under certain circumstances, so visitation can be readily applied for. Visitation is designed to benefit the child, not the child’s parents. A child can refuse visitation with a parent that does not have custodial rights at any age, although the outcome of this does depend on age and whether their request is honored is usually dependent on the judge in court. So at what age can a child refuse visitation?. You could also ask your school Counsellor or Advisor , too. Otherwise if there is a problem you should seek a modification of the current court order. Question: At what age can a minor child refuse visitation with a parent? A child cannot say no to visitation. This can be tricky because a child may refuse visitation with a parent for a legitimate reason. For example, a parent who is not awarded sole or joint physical custody of his or her child still wants to be an important part of the child’s life and spend as much time with that child as possible. State law determines the age at which a child can seek emancipation. The child refuses the visit. When he is an adult he can say no, which is age 18. The court will consider the desires of a child at all ages. Age of Child and Custody – One of the most common questions parents ask is at what age can their children choose the custody and access arrangements. While the courts will give a child's wishes more consideration as she grows older, someone younger than 18 can't refuse to visit her noncustodial parent. Since the Family Law Act came into effect in 1975, there has been no hard and fast rule. If the information is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button. Re: What age can a child say no to visitation. My child is not wanting to go to his mother’s house for parenting time. An attorney I spoke to said that "all things being equal" there is a chance of getting a custody change before the child reaches age 14, albeit slim. At What Age Can a Child Refuse Visitation in California? A child in the United States is able to testify in court at the age of 13 (or there about) and can choose not to see a parent. 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