Is there an age when a child can decide to no longer have overnight visits with their dad.

Question

Mom has full custody.   Dad has girlfriend that son does not want to be around at all and feels like dad does not like him.    Dad takes don to grand moms house where there is not one thing for him to do and no bed for him to sleep in other than with dad.   He is almost 11 years old.

Leonard R. Boyer · Answer

There is no specific age, everyone's situation is unique. You need to retain an experienced matrimonial attorney to file a motion to bring this situation to the attention of the Court and put a stop to it. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule:  a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Bari Weinberger · Answer

Thank you for your question. 
 
The short answer is that you should immediately contact an experienced family law lawyer.  In New Jersey, in all cases involving the care, custody, and parenting time issues involving a child, the court must always determine the best interests of the child.   The court must apply several factors to determine the best interests of the child, one of which is the preference of the child, when of sufficient age.  Only the Court can determine if the child is of sufficient age to voice an opinion and what “weight” to give that child’s opinion.  The circumstances surrounding why your son does not want to visit with his father are very important and must be presented to the Court so that the Court understands why your son no longer wants to visit with his father.   It is important to protect your interests and have  an experienced family law lawyer advocate for your interests and ensure that both you and your son’s rights are protected.    
 
I hope this information was helpful to you.

William N. Sosis · Answer

That's a touchy question. First, New Jersey courts have long-settled the question of non-custodial parents having girlfriends (or boyfriends).  Generally, divorce or dissolution doesn't preclude people from moving on with their lives.  The touchy part is determining what's actually happening in terms of facts. If you're looking to change custody or parenting time based on things like the sleeping arrangements or the child's preference, you'll need to convince the court that a change is really in the child's best interest and not some pretext based on other non-relevant considerations.  For parents with separate living residences, New Jersey has different requirements that are based on the ages and sex of the children and their individual needs. New Jersey also has no "specific age" at which a child's preference will be considered by a court. Instead, the courts will determine whether a child is of "sufficient age and capacity to reason so as to form an intelligent preference as to custody." But these are all part of a fact-sensitive analysis a court will make. You should definitely contact a family law attorney. Find one that offers a free consultation to help you decide what's best in your case.

Q: Is there an age when a child can decide to no longer have overnight visits with their dad.