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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 32818
Experience:  16 yrs. of experience including family law.
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Im the mother of 2 children, ages 14 and 12. I am the custodial

Customer Question

Im the mother of 2 children, ages 14 and 12. I am the custodial parent. The children's father has visitation with them for 30 days in the summer; standard every other weekend; and every Thursday night during the school year. Do the children have any rights in regards XXXXX XXXXX visitations? They much prefer not to stay with the father. Also, the father has chosen to live in a 2 bedroom apartment and has no plans to get a larger place (even though money is no issue- he makes around $150-$200,000 a year). Our son has no place or space of his own there. Our son has told me he can't wait to come back home so he has his own bed. At his fathers he apparently sleeps on the couch as he has no bedroom or bed of his own. Is there anything that can be done with this type of situation?
Submitted: 5 years ago.
Category: Family Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

There is not a "right to refuse" they children do not have a right to decide. However, when a child reaches teenage years (typically 11 or 12-depends on the maturity level of the child) the court will start to listen to their concerns. The court will always make its decisions base on what the court believes is the best for the child...but it will take into account the child's desires and the reasons for them.

For example, if the child wants to spend more time with dad...and the reason is dad allows them to play video games...this would not carry as much weight as the child that does not want to see dad since he beats him. Extreme examples perhaps, but the idea is the court will consider what the child has to say as well as why they are saying it.

Based on what you describe, it sure sounds like the kids have valid concerns...the court can consider this, and can, for example, order dad go get a larger place if he wants to keep his same custody schedule

Let me know if you have more questions

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