Can my 14 year old son decide what parent he wants to live with?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my 14 year old son decide what parent he wants to live with?
I have a “parental agreement” that was signed by a judge 11 years ago for visitations with his dad and he has been mistreated several times this year and my son does not want to visit him anytime soon. His dad has now filed a contempt of court scheduled in 2 months.
Asked on November 19, 2012 under Family Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The fact is that trying to make a 14 year old do what they don't want to do, can be a near impossible task. However, as long as the custody order is in effect, you and your son are bound by it. While a child's preference of where to live is given great wieght, it is not the sole determining factor in such a case. Once in court, you can try to get the custody order modified. The judge will look to just what is in your son's the best interests. And certainly, mistreatment will play a major role here; it will definitely be a factor that the court will consider in making its determination. To prepare for the hearing, gather all evidence of the mistreatment (i.e. photos, witness statements, etc) and bring them with you. In the meantime, if you feel that this mistreatment is of a severe enough nature so as to put your son's safety at risk, you can file for a protective order; this will prohibit your child's father from having contact with your son.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.