Does A 17 Year Old Have A Say In Custody?

What do I do if my child doesn’t want to see a parent?

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges.

The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits..

Can a 16 year old live where they want?

According to Justice for Children and Youth: “In the province you selected, at 16 years of age or older, you can generally decide where you want to live and you do not need a legal guardian. You can live with someone else against the wish of your legal guardian.

Can a 10 year old testify in court?

Generally, children as young as three or four years old may qualify to testify, but some children are simply too young or too immature to be competent witnesses. In order to determine whether a child is competent, the judge interviews the child, usually in the judge’s chambers or in a closed courtroom.

What do judges look for in child custody cases?

Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .

What is better custody or guardianship?

Legal Concerns with Child Custody and Guardianship Arrangements. Child custody arrangements tend to be more flexible than guardianships and are more often able to change with the circumstances of the family. Guardianships tend to be more applicable to a permanent solution that would stay constant over time.

Can an 18 year old get custody of a sibling?

In order to legally gain custody of a sibling you will need to petition the court to become their guardian. … While state law may vary, generally guardians must be over age 18 or legally emancipated and petitioning for guardianship of a sibling under age 18 or otherwise legally dependent.

Can text messages be used in child custody court?

In family law cases, both sides will need to present evidence to the court to support their proposed property, support, and child custody orders. … As long as the text message is sent by one the opposing party, and is a statement against that party’s interest, it may be admissible in court.

Can my ex leave my child with his wife?

The short answer is (generally): No. You and your Ex both have the right to form new relationships; unless there is a court order in place that expressly prohibits your Ex from exposing your children to any new romantic partners (which, frankly, is rare) then there may be little that you can do.

Can you get custody of a 17 year old?

Jay Bodzin. Theoretically, no. Children do not get to unilaterally decide custody questions (until they’re age 18, and legal adults who can make all their own decisions). … As a practical matter, though, enforcement of custody or parenting time orders over a 17-year-old child is problematic.

At what age does a child have a say in custody Australia?

There is no set age at which a child can choose who they live with, or choose when (or whether) they see the other parent. A child is legally a minor until he/she turns 18.

How do I assign a guardian to my child if I die?

You can write a letter naming a guardian for your children and keep it with your important papers or write in your will who you want to be the guardian of your children when you pass away. But if both parents are dead, the court will decide who the guardian is. The court will try to appoint the person you wanted.

Do I have the right to know who my child is around?

If you have joint legal custody, you have the right to know information about your child. This would include school, medical, and general information.

Can a 15 year old be forced to visit a parent?

Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.

Can a 17 year old refuses to see a parent?

Brette’s Answer: No court is going to force a 17 year old to go on visitation if he doesn’t want to. A child so close to majority usually has his preference followed. You’re doing the right thing in encouraging him to go, but it’s up to him.

Can a 16 year old refuse to see non custodial parent?

At 16 most courts cannot enforce if a child chooses not to have visitation. 16 is usually the age a child can choose which parent and if they want to see the parent. In most California courts, a child who is 14 or older can express their thoughts and wishes in relation to custody matters.

What rights do I have over my 16 year old?

When you are 16 you are allowed to: Get married or register a civil partnership with consent. Drive a moped or invalid carriage. You can consent to sexual activity with others aged 16 and over.

What age can a child testify in a custody case?

14 years oldIf a child is at least 14, he or she will always be allowed to state a custodial preference. A child younger than 14 years old will be allowed to testify about his or her custodial preference unless the court decides it’s not in the child’s best interest to do so.

Can your parents call the cops on you for running away at 18?

4 attorney answers Now that you are 18, your parents cannot control your movements. The simple act of leaving your home, and associating with an adult is not criminal. If your parents call the cops about such a circumstance, nothing will happen.

Can my 15 year old refuse visitation?

While it is easy for the court to be pragmatic about teens and parental visitation, any parent can tell you that you trying to force a 15-year-old to who doesn’t want to visit their other parent isn’t going to go well.

How can I leave home at 16?

In order to be emancipated and be able to move out at age 16, you will need to prove to the court that you have a source of income. It’s important to keep in mind that minors fall under specific child labor laws, which prevent teens from working long hours. Find a safe place to live.

Does an 18 year old have to follow a custody agreement?

Although a court has jurisdiction to order child support for an adult dependent child of the marriage, it does not have jurisdiction to make custody orders. As soon as the child turns 18 years old, all jurisdiction of the court to make custody or parenting schedules terminates. There are no exceptions to this.