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Can my minor child (18) have a choice in parenting time or refusal to visit? Can it be mitigated?

This legal question related to Child & family lawyers in BellevueIowa has been answered.

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Location: Bellevue  |  Law type: Child & family lawyers
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My child Damien will be 18 in May 2025. He is currently subjected to a divorce decree which states parenting time. He wants to have a choice whether he participates in it or not. I am seeking a income based lawyer in the future. 

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Family law - I am trying to get visitation with my son in Illinois
9 months 2 weeks ago, Child & family lawyers, Illinois
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10 months 1 week ago, Child & family lawyers, Michigan

Legal Solution

The response provided below is specific to Child & family lawyers in the jurisdiction of Bellevue. If the response is inadequate, please submit a detailed inquiry.

When a child is approaching the age of 18, like your son Damien who will turn 18 in May 2025, the legal standing for parenting time changes. Up until Damien turns 18, he is still considered a minor under the law, and the terms outlined in the divorce decree remain enforceable. This means he is expected to follow the court-ordered parenting time schedule unless a legal modification is made. However, once Damien turns 18, he is no longer legally required to follow any custody or visitation agreements. At that point, Damien can choose whether or not to participate in parenting time.

Refusal to Visit Before Age 18

Before Damien reaches 18, his refusal to visit a parent can still be addressed through the court system. While judges tend to give more weight to the preferences of older teens, especially those close to adulthood, they still emphasize that custody orders are binding. If Damien strongly wishes to alter the arrangement, you can petition the court for a modification of the custody order. Courts will typically consider a child's preference but also look into what is in their best interest.

Seeking a Lawyer

Since you are interested in income-based legal assistance, it’s important to start looking for family lawyers who offer sliding scale fees or work with legal aid organizations in Bellevue. These types of lawyers can help you navigate the legal process, especially if you need to petition the court for modifications to Damien’s parenting schedule.

Disclaimer

This information is for general purposes only and does not constitute legal advice. Consult a family law attorney for advice tailored to your specific situation.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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