The two sons (16 and nearly 18 years old) that my sister and her former spouse have joint custody of. The lads are beginning to wonder if they really need to visit their father’s residence every time. They typically spend Tuesday through Sunday there every other week. At their age, are the boys free to choose, or are they still legally required to go on those visits with him?
Hi Juega!
In many jurisdictions, children under 18 are generally expected to adhere to the custody and visitation arrangements determined by the court.
That said, as children approach adulthood, their personal preferences may be given more weight by the courts.
While there isn’t a universally set age where a child can legally refuse visitation, once they reach the age of majority (typically 18), they have the freedom to make that choice.
For teens who are not yet 18, they are not legally permitted to decline visitation. However, the reality can be nuanced.
Courts often consider the wishes of older, more mature children, and some regions have laws that allow a child’s preference to influence custody decisions, particularly for those 14 and older.
It’s worth noting that many custody decisions are settled out of court by the parents, and in these situations, the child’s opinion can be taken into account as the parents see fit.
When parents can’t agree, a judge will determine what’s in the child’s best interests. Once a custody order is in place, it must be followed, meaning a child is not allowed to refuse visitation with a parent who has been granted custody or visitation rights.
If the young men in question are looking to alter their visitation schedule, it may be beneficial to consult with a family law attorney to explore the options and understand the procedure for amending the custody agreement to reflect the children’s wishes and best interests.
Open communication between all parties involved is also crucial to find a resolution that prioritizes the children’s welfare.
I hope this helps! If you’re looking to tailor the response further or need additional information, feel free to ask.
The boys (16 & 18 soon) have a say! While they can’t necessarily skip visits yet, their age means courts take their wishes seriously. Open communication with them and their dad is key to finding a new schedule that works for everyone. A lawyer can help navigate legal options if needed.