Q: Does the child 9 yrs. old get to decide that she's not ready to talk or see the other parent
one of the parents is no longer incarcerated (2yrs) the whole time there did not let the child have any kind of contact or talk on the phone. So now that the parent is out, the other parent lets the child make the decision whether or not he or she wants to talk or see the other parent. It just seems that since a child cannot make the decision to live with a parent until they are 12 yrs. why at 9yrs does the child get to say whether or not to see or talk. I feel the parent is just saying this. please advise
A:
If there is not a current court order in place that covers the child, then the parent does not have to force the child to speak with the formerly incarcerated parent. However, absent that parent having some legitimate concerns for the child's safety or emotional well-being by speaking with or visiting with the former incarcerated parent, denying the formerly incarcerated parent some access to the child may not look good for that parent should the incarcerated parent decide to go to court and get a court order.
If there is not a current court order in place that covers the child, and the formerly incarcerated parent wants to be able to see and/or visit with the child, then the formerly incarcerated parent should consider going through the legal process of getting a court order established.
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