Though it is rare the court will hear from a child under 7 years, the child's ability to tell the truth from fiction and maturity will be the guidelines for whether a child may be heard. A child of 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody. Additionally, the court has the power to appoint an attorney for the child in contested cases. Religious Views These will bear on the court's decision only if shown to affect the physical or emotional well being of the child. Back to Top Visitation Visitation is the part of the court order that defines the conditions for the non-custodial parent to have contact with the child.
Visitation is limited by legal custody being vested in the other parent.
This means that your visitation does not give you the authority to conflict with the long range decisions and policies of the parent with legal custody. For example, if the parent with legal custody has decided to raise the child in the Jewish tradition, the parent with visitation rights may not take the child to be baptized in a Catholic church. Even in cases of abuse, the only reported cases have upheld supervised visitation. Supervised visitation is when the parent is only allowed to visit with the child in the company of another person. This person is usually a friend or relative that the two parents agree will be allowed to act as a chaperon.