SPARC Forums

Hi there!

Live in WA state and was wondering;

1. Do you know the age in which a judge will listen to the wishes of a child about where and why he wants to live some where?  

2.  Can DH & I ask for a pyshic evaluation on the mother to determain her mental health.  (She is BI-Polar)?

3. Can you explain what "right of refusal" is?

Thanks

>Hi there!
>
>Live in WA state and was wondering;
>
>1. Do you know the age in which a judge will listen to the
>wishes of a child about where and why he wants to live some
>where?  

WA courts will consider the age and maturity of a child in giving weight to their testimony. There is no set age at which a judge will simply ignore or defer to a child's wishes.

>
>2.  Can DH & I ask for a pyshic evaluation on the mother to
>determain her mental health.  (She is BI-Polar)?

If you can show that the mother's mental state is negatively affecting the child, or that the mother's actions are irrational, unreasonable, or dangerous to the child  as compared to an average person, then you may be able to obtain a court order forcing the other parent to submit to a psychological exam.

However, unless you have some credible proof that would cause the court to question the other parent's ability to act rationally, the judge will deny your motion.

>3. Can you explain what "right of refusal" is?

Generally, the right of first refusal, also called "first opportunity," is an order that grants the parent who does not have physical responsibility for the child, the option to obtain such physical responsibility, whenever the other parent is unable to exercise physical repsonsibility for the child, for a period longer than ___ hours/days.

First opportunity orders are becoming more standard, however, in practice, they are very difficult to enforce, unless both parents are extremely cooperative.