Sacramento, CA asked in Family Law for California

Q: how old does my child have to be to be able to say they no longer talk with they father?

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1 Lawyer Answer

A: Age 18, when the child is no longer a child, but is an adult. In practice a lot of parents allow their children to decide not to talk to the other parent, but that is not a decision that a child can legally make. There is a general consensus that frequent and continuing contact of the child with both parents is beneficial to a child. If the child does not want to talk to the father, then obviously something is wrong and it needs to be cleared up. It is recommended that the child talk it out with his or her father. If this can't be done, then therapy is recommended. This may not be what you want to hear. If actual harm is being done to the child by talking to his/her father, then you should apply for a court order asking for no contact with the father. In extreme cases this can be granted. The form to be used is FL-300 if you have an existing court case such as a divorce or paternity case. If no case has been filed, then a new one would be filed. There is also the option of filing for a custody and visitation order only.

All 58 counties in California have some type of Self-Help Center. The people at the Self-Help Center help you fill out family law forms for free. They can’t do everything in family law, but they will help you with all the basics. The downside is that they don’t have a lot of time to spend with you, and often there is a line to get in to see them. The upside is that it is free. So if you have more time than money, go to the Self-Help Center for divorce, custody, visitation, paternity and domestic violence paperwork.

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