Salem, OR asked in Divorce and Family Law for Oregon

Q: When I was 16 I didn't want to see my dad for the weekend. Is there a law about the child's rights when they are 14?

I need a source for a paper.. Is there a site you can direct me towards that has all the laws on custody where I could cite this issue properly?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: With respect to custody and parenting time there is no special age that gives the child the right decide anything. However a child can express themselves either by talking to a parenting time evaluator, or by having an attorney appointed to represent the child, and on rare occasions a child might testify as a witness. Judges feel that putting a child on the witness stand to evaluate their parents is emotionally destructive for the child. So having a child testify is rare. When a child does testify they will be evaluated by the Judge for their "competence" and "credibility" as a witness. Older, more mature children will probably do better as witnesses and a Judge will take that into account.

Under Oregon Law when a guardianship or conservatorship proceeding is taking place which involves a minor, the law provides that the minor is legally entitled to get copies of all notices if the minor is age 14 or older. So in another area of the law, there are rules giving preference to minors age 14 or older for some legal procedures.

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