What age can a child choose not to go to dad's

[Ohiogal]

UM Smart person that you are the OP asked a question and I stated that in NJ that's what you can do...as for my situation and my parenting I didn't give all the details because my child is in counseling and my child was referred to a child advocate attorney and this is what I learned. SO how about you get over yourself and pay attention I stated in NJ that's what can be done. That's all it's a free country last I checked, and there was nothing wrong with what I said.

WRONG. Parents have constitutional rights to parent. Please cite statute or caselaw to back up what you are saying. You were incorrect and I will be reporting EVERY incorrect post of yours. In NJ and pretty much every other state, a parent will not be deprived of visitation just because the child wants it. HARM must be proven that results from visits and even then supervised visitation can be granted. So hush your muffin.

 

[Zigner]

I love you OG

 

[stealth2]

I love the muffin. Y'all know why!

 

[Ohiogal]

Pa law

Start with the purpose:

5301 Declaration of policy


The General Assembly declares that it is the public policy of this Commonwealth, when in the best interest of the child, to assure a reasonable and continuing contact of the child with both parents after a separation or dissolution of the marriage and the sharing of the rights and responsibilities of child rearing by both parents and continuing contact of the child or children with grandparents when a parent is deceased, divorced or separated.

And then continue to:

5303 Award of custody, partial custody or visitation


(a) General rule.--

(1) In making an order for custody or partial custody, the court shall consider the preference of the child as well as any other factor which legitimately impacts the child's physical, intellectual and emotional well-being.

(2) In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child.

For visitation please note that the PREFERENCE OF THE CHILD is NOT a consideration enumerated under statute.

 

[LTLWIF]

This is good to know. We are in a similar situation.

DH had a crappy (or rather lack of) visitation schedule in his Agreement. We recently went back for a modification as there were multiple issues (mother PULLED child out of school with no notice and no supervision - hey she is 14 - who needs supervision).

We conferenced (they do not like to go to trial here in these counties at almost at any expense) and resolved to a not so bad modification. It was all but signed and we received a request to add wording that the child (now 15) has ultimate say whether or not she wants to visit on a particular weekend.

We have not accepted the wording. Her attorney sent back a slammer of a letter (all full of lies - saying Dad was never interested in school or visitation before....."almost" funny) and now daughter is nearly 16 (when did she get a year older) and should be allowed to make the determination based on her social schedule. Looks like we will be going to court...which ex keeps whining she can't afford.

Oh and her attorney assures us that mom is "encouraging" visitation but can't help it if the child has other priorities at this age, like sleeping late and having a scoial life.

 

[stealth2]

This is good to know. We are in a similar situation.

DH had a crappy (or rather lack of) visitation schedule in his Agreement. We recently went back for a modification as there were multiple issues (mother PULLED child out of school with no notice and no supervision - hey she is 14 - who needs supervision).

We conferenced (they do not like to go to trial here in these counties at almost at any expense) and resolved to a not so bad modification. It was all but signed and we received a request to add wording that the child (now 15) has ultimate say whether or not she wants to visit on a particular weekend.

We have not accepted the wording. Her attorney sent back a slammer of a letter (all full of lies - saying Dad was never interested in school or visitation before....."almost" funny) and now daughter is nearly 16 (when did she get a year older) and should be allowed to make the determination based on her social schedule. Looks like we will be going to court...which ex keeps whining she can't afford.

Oh and her attorney assures us that mom is "encouraging" visitation but can't help it if the child has other priorities at this age, like sleeping late and having a scoial life.

Hmmm... I suspect that "we" did not do any of that. "We" are not included in the order, are "we"? Or is it just *your husband* and *his ex*?

So please, have Dad post here - in his own thread and with his own handle. Because "we" can do nothing. And "we" should not hijack.

 

[Proserpina]

Start with the purpose:

And then continue to:


For visitation please note that the PREFERENCE OF THE CHILD is NOT a consideration enumerated under statute.

Dang, I could have corrected her earlier had I seen the thread.

And being in PA right now.

And having lived here several years before.


But good going, OG

 

[Ohiogal]

Dang, I could have corrected her earlier had I seen the thread.

And being in PA right now.

And having lived here several years before.


But good going, OG

Thank you, dear. Between you and Z, I am feeling the love! With Stealth, I just want to bake chocolate chocolate chip muffins. Hmmmm...