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Child's Wishes in Regards to Visitation

In most states ( see state laws section ), the court will consider the wishes of the child when examining the issues of visitations and custody. It is not uncommon for the child's wishes to be granted. However, the court will only do so if such wishes are deemed to be in the overall "best interest of the child." This judgment will depend greatly on the age of the child, and the maturity level the court determines the child to possess. It is taken into consideration that objecting to the child's wishes could very well, in itself, be acting against the child's overall best interests.

Unfortunately, it is not uncommon for the custodial parent to exert undue influence over the child's decision-making process.

If a child's wish is to not have visitation with the non-custodial parent, the court may take into account the ignorance or immaturity of the child, and still grant visitation rights to the non-custodial parent.



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