motion to change agreement

[ookabooka]

What is the name of your state (only U.S. law)? New Jersey
I would like to change the custody agreement I have with my ex. My daughter is 10 and does not want to spend as much time at her fathers house as she does now. It currently is 4 overnights every 2 weeks. I believe that at age 12 the courts will consider her wishes. Is this true? What else will the judge look at is deciding if she could spend more time with me? I do not want to bring this to court if there is no chance the judge will consider changing the current arrangement as it will only create bad feeling between her and her dad.

 

[ookabooka]

hi and good luck

 

[Proserpina]

hi and good luck

You just responded ...to your own thread.

Did you realize that?

To answer your question - no, your daughter does NOT get to decide at that age whether or not she abides by a visitation order.

As an older teen she may eventually be able to express a preference, but at 10? Not happening unless you can actually prove that visitation - as it stands - is currently detrimental to her wellbeing.

And really, 4 overnights every two weeks? I can't see ANY judge reducing that based upon the whims of a child.

Mom, what are you doing to facilitate the relationship between your daughter and her father?

 

[ecmst12]

Your job is to encourage your child's relationship with her other parent. She does not choose, not until she is 18. 4 overnights every 2 weeks is hardly excessive.

 

[LdiJ]

Your job is to encourage your child's relationship with her other parent. She does not choose, not until she is 18. 4 overnights every 2 weeks is hardly excessive.

I agree that its hardly excessive. However some parents don't realize that that maybe they aren't spending "quality time" with their child and perhaps if someone would talk to them about it their child might be happier to spend time with them.

In my opinion when a child is the age of the child in this thread, and is balking at spending time with the ncp, it could mean that the ncp isn't spending quality time with the child.....so perhaps the CP could try to address that with the ncp.