can a child that's 13 decide whether or not to see his father?
116764
I don't know how it works legaly but I would think that a thirteen your old is old enough to decide for himself.
1135635
ok, you're not going to like this, but i have to say it anyhow.  the judge does not need (and in most cases will not) take into consideration any abuse that the father did to you in regards to visitation of the child.  unless you can you prove that he was and is a danger to the child, he will more than likely get visitation with the child.\n\nthat said, the judge should (and usually does) take into consideration the abuse you suffered when deciding custody.  if the two parents cannot converse amicably, they will not be able to jointly decide on the proper care for the child.\n\nmost people confuse custody with visitation.  custody determines who is responsible for the child ie what education the child will receive, who the family doctor is, even hair colour and types of sports the child will be in.  \n\nthere are 2 types of custody \n\n1) sole - one parent is the decision maker.  this type of custody is generally awarded in cases where one parent is so irresponsible that s/he is not capable of caring properly for a child, and in cases where the parents cannot communicate - such as cases where one parent has been abusive to the other.\n\n2) shared/joint custody - both parents jointly make decisions regarding the child's care.  this type of custody is generally decided out of court when the parties can get along reasonably well.  most cases which end up in court end up with one parent getting sole custody.\n\nvisitation determines how often the parent who does not live with the child gets to see the child.  this has no bearing (unfortunate though it may be) on any abuse that the other parent has suffered at his/her hands.\n\nbottom line is ... try to get as much support for supervised visits as you can.  can you get a copy of the other woman's affidavit? and children's aid reports? anything that you can use to protect child?\n\ni wish you all the best of luck and hope that i helped at least a little bit
949284
What your son wants doesn’t really play into it as much because he is still a baby.  I think if he was over 13 years of age he would have more say but they might evaluate him and consider his mental health as respect to custody.  A social worker can end up involved if your sons father believes he is not being taken care of properly by you.  \n\nYou want your home to be clean and your son to be in a SAFE environment  Safe toys only, yard safe.  A none smoking and drinking parent looks better then the other way around.  Supportive grandparents is always helpful.  Do you work, do you have a good baby sitter?  Your friends, are they the  right kind of people to be around a child?  Everything is taken into consideration.  Do you get in trouble with the police?  Do you participate in your child’s education?  Donate time at his school?  Your character and ability to provide certainly considered.  Joint custody is common if both parents are good parents and then you share the child.  If Daddy is a good father this shouldn’t be a problem.  He needs both of  you.  \n\nTry to communicate with your sons Daddy and tell him that it is important that the two of you get along.  It is important to your son.  Your son should not have to feel guilty loving his parents.  They should not be fighting.  Love is all he needs from both of you and working out your differences in a positive way is best for him.  The child is always the one who suffers.  Don’t let that happen. \n\nYou may need an Attorney.  There are organizations that will provide you with an Attorney based on your income, ability to pay.  Look in the yellow pages under government and see if there is something there.  Make some phone calls and see what is offered in your area.  Look under Attorneys.  Be careful.  Can be more expensive then you can afford.  So try real hard to get representation that is affordable.  It is possible.  Good Luck.
171485
They do not have a legal right to do so until age 18... BUT many times, with a teenager who is very aware of the situation, the judge (if a judge is involved) will take the teen's wishes into consideration....\n\nBut honestly, even if a judge is not involved, the thoughts of the kids need to be considered...  in my situation, I have 2 kids under 11 and we make the decisions... which I have joing physical and legal where I have them 1 week on and 1 week off... I purposely will not move away to complicate things, and my ex won't either... no matter how we don't trust each other on a personal note, we certainly put the well being of the kids first... and when things may change later with the needs of the kids, we will also be open to change
672170
Depends on your laws and papers you will have to check.  \n\nExample:  My daughter is 10, even when she is 17 she cannot make that decision.  The papers clearly outline visitation and unless those rules change, the child has to go to the visitation.\n\nIn my state if your child refused and you let him/her, disobeying a court order, his father can ask the court to hold you in contempt.  \n\nThe three of you need to discuss this and change your court order if need be.
1130538
It probably depends on what state you in to some degree.  Hopefully, the father will be understanding and let the boy decide where he wants to live.  (In less than a year, he can move out - legally - anyway.)  And, if it ends up in court, the judge will surely listen to the boy's opinion - though may not rule that way.\n\nThe legal age of a "minor" is less that 18 years, in most states.\n\nIt seems to avoid a battle, it should be discussed with the father before the boy visits you with the intent to stay.  He has less than a year to live with his dad if he decides to leave at 18, legally -- could be worse (could be younger).\n\n\nPerhaps, you could call your local state attorney's office and ask.  They should be able to give you quick, free advice.
525482
In no state does an underage child have the right to decide which parent he wants to live with.  Most states by law or by practice have a rule of thumb as to when a child will be listened to.  Some states will allow the judge to listen to a child as young as 6 or so, other states don't have the child address the judge until 15 or 16.\nThe judge may then give the child's preference such weight as the judge feels it deserves, based on the judge's evaluation of the maturity of the child, the reasoning and reasons given by the child, and all the other facts in the case.\nRegardless of the wishes of the child or the child's age, in every state the ultimate decision is made by the judge.
722447
If he was not married to the mother or not already listed as father on the birth certificate, he will have to prove paternity.  If he was married or already listed as father, he definitely has the right to see his children.  The mother is not allowed to keep his children from him.  If there is already a visitation order in place, he should take it to court that she is violating that order.  If not, he has every right to take her to court and get a visitation order.
579553
You are not taking away your daughter from her dad..He can visit. It isn't healthy for you to stay if you don't love him. Ya can still be friends! good luck!!
220873
Sweetheart, I know exactly what your going through. My son lives with his dad,(We're all in Missouri). My son tells me how bad it is with his dad, and as I understood it, when he turns 12, he can go to the judge and say for himself that he wants to live with me. It sounds like you and my son are going through the very exact thing. If you can find a way to get to the Division of Family Services without your dad knowing, tell the people you want to go to a judge and tell him/her that you want to go to your mom's. I am a child advocate. I'd take you myself if I could. When you go to the Family Services, you need to let them know EVERY bad thing you are going through. They will investigate your dad, but no one has to know you made the report. If your mom agrees to have you come to her, then you, her, and the Family Services have a meeting at once. YOU ARE OLD ENOUGH TO MAKE THIS DECISION!!!\nGood luck and GOD BLESS
1175397
In most states your daughter and the father have all of the rights over the child, if you have reason to believe that the child is in danger then you should seek legal counsel and find out what your state says about "grandparent rights". Some states have them and others do not. Usually though they will not take away the rights of the parents unless there is VERY serious evidence to support that this would be in the best interest of the child. Both parents have joint decision making rights right now.
1112564
I live in Georgia and am a man. My ex wife is abusively controlling. After our divorce she turned into super mom. Having to control every tiny thing about the children to the point of obsession. My son wants to be with me and my attorney says the judges have to consider a request at 12, strongly consider at 13, and no choice but accept the request at 14. Unless the request isnt in the best interest of the child, ie... the requested parent is a crimminal or drug addict etc...
346510
Providing that the child has had no reason to be in home detention because of his parents then there are no reasons why you should not be able to visit.  Get legal advice.  You can sue.
592108
An age difference of 13 yrs might not be a bad thing,but if one of the people is under 13 they should wait until he/she is of legal age to avoid legal problems.
536484
I send my deepest regrets to you and your family.You need to sit both fathers down and let them know that wither they approve or like one another they are part of this family and need to pull together for the sake of the child so that he can finish his grieving period over his mother.It seems as though the real father would have the claim over him,but your real father also needs to recognize that the love and bond between him and the step father,therefore he needs to set up a visitation time for them.If all else fails,maybe your little brother would be better in your hands if you are at the adult age limit to take him on.Good luck to you all and best of wishes!
345797
your child has and excellent point - and your husband/partner should lead by example and give up - not only for his health but for the health of his child\n\ni'm sure your 13 year old would never want to see their father dying from lung cancer
505188
I would say ask their father ! But, at LEAST 21 in your guy's case.