SPARC Forums

Soc,

This is straight from my original CO and I am trying to decipher it completely for my current Custody Modification because I am trying to clean up every paragraph that is vague to prevent from having to readdress this CO that was written in 1998 and I was ignorant with not getting legal consult at that time.

"Neither parent shall involve a child in decision making as to visitation unless the child is twelve (12) years old or older.  All visitation plans and conversations will be conducted solely between the parents until the child is at least twelve (12) years of age.  The final decisions are to made by the parents and not the child and the custodial parent is expected to encourage and assist in visitation with the non-custodial parent."

The last sentence I am not sure why that was worded in that manner because their is no CP/NCP.  We have shared parental and residential.

Question:  Does this mean that at age 12 that our children have a choice with residence?  

Thanks in advance.

>Question:  Does this mean that at age 12 that our children
>have a choice with residence?  

Your children have a choice regardless of their age and regardless of what you write in your order. The orders can make agreements between the parents as to their respective rights and obligations.

The orders cannot bargain away the child(ren)'s rights. And, that is what you're trying to do here. The court may rubber stamp it, but if you ever go back and contest it, a reasonably competent attorney would be able to have the order set aside to the extent that it limits the child's rights.