Your co-parent lives far away from their friends, school, activities, and other things they enjoy. An unemancipated 16 year old does not have the legal ability to decide his own custody/visitation, but "forcing' the child to follow court orders is difficult and can create more division in your relationship. Proving to the court you are not, in fact, withholding visitation and are not therefore in willful contempt is a technical and difficult process, that requires experience in custodial rights. You may still harbor bad feelings for your ex, but this person is also the parent of your child. She can go to the police with the court order that shows visitation schedule as well as information where the police can locate the other parent. following the courts orders. Even if you were never married, in most states, the law will consider one parent as a primary custodian. What legal applies, then, if a/the 14-year-old who chooses to live with one parent doesn’t want to visit with the other parent? If one parent objects to home education, the judge might order the child into public school. What does contingent mean in real estate? When did organ music become associated with baseball? And you cannot refuse to pay child support just because the other parent is not letting you see your children. The age of a child impacts how the San Diego Family Court will address a custody case where a child refuses to follow the visitation order. An unemancipated 16 year old does not have the legal ability to decide his own custody/visitation, but "forcing' the child to follow court orders is difficult and can create more division in your relationship. Here are credible Georgia cases supporting similar, and unique, scenarios: The Georgia Supreme Court in Prater v. Wheeler, 253 GA 649 (1984) found that a child aged 14 and older has the right to choose not to visit the non-custodial parent. Talk to your child about why they don't want to go. While the custodial parent may sympathize with the child, it is important to keep the following in mind: Children under 18 typically cannot decide whether to comply with the custody order. It is almost inevitably the case that a child, at some point in time, will refuse to visit with the other parent. What If the Custodial Parent Refuses to Allow Visitation? If not he/she will get into In these cases, the non-custodial parent will likely be denied visitation by a court order. If you have not encouraged your son to leave and are not harboring him, you should be fine. This can be tricky because a child may refuse visitation with a parent for a legitimate reason. A judge typically designates custodial and noncustodial parents as part of divorce proceedings. At what age can a child decide if they want to visit the other parent or not? A child counselor can document the emotional abuse and attempt to work with the non-custodial parent to remedy the emotional abuse. The child refuses the visit. Sometimes children go through stages where they don't want to go and have no good reason, but there could be a real problem. Awkward Parenting Choices – Both parents are faced with the challenge of how to deal with the child. He came back to us for the weekend but is refusing to go back to the custodial again. Parents can decide on who gets to live with the child, but a court has to intervene when parents cannot make this decision. Contempt for Interference with Visitation Time. traumatic for the child. It is recommended to hire an experienced attorney to file a modification action, seeking judicial approval of the child’s election not to visit, and make the child’s request part of the custodial order. The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. Naturally, fights start with the non-custodial parent, who often blames you for the lack of … Refusing to Visit Non-Custodial Parent. If this occurs, it often places the custodial parent in a very uncomfortable position. We are an Atlanta law firm specializing in divorce and family law with offices in Marietta, Alpharetta, Buckhead, Fayetteville, and Johns Creek. Basically, a parent isn't required to use physical force to get the child to go, BUT if the Court finds the reason for the child refusing is because the parent encouraged the child to either think they had a choice, or to alienate the child from the other parent, then the Court has many remedies, up to and including transferring placement to the other parent. DCFS stepped in and took the children out of the house and now they have turned and gave the children back to the mother with the boyfriend still in the house and they know that … Modifying the Custody Order. Sometimes the custodial parent may request that you keep your child additional nights. The custodial parent must comply with the visitation schedule (sometimes called a parenting plan) established by the court. Courts cannot deny your right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability or a different lifestyle, religious belief, or sexual orientation. The question that I hear in these situations is, “Must I drag my child kicking and screaming to his mother’s (or father’s) house when he just does not want to go?” Do I have to force her to abide by a custodial schedule that she does not like? police and taken from the home to the other one is unnecessary and The relevant issue is what action the Court might take. When your child does not want to visit with the other parent, you need to ensure that you are not directly violating the Court order, granting custody to the other parent by withholding visitation. You have a few options, but they require determining how much more drama you want to cause. If you are contemplating divorce or adjusting to life after divorce and would like to speak with an attorney, we invite you to get in touch. and follow the agreement. Ex Parte Rosser, 899 S.W.2d 382 (Tex.App.-Houston [14th Dist.] This is true even if the non-custodial parent is not paying their child support. Sometimes a child may refuse to go with a parent who has a new love interest. When the Child Refuses. They don’t want to upset the custodial parent or be made to feel guilty. The older a child is, then the more likely the child will be given discretion as to whether or not the visitation will occur. Put your child’s needs before your need to lash out at your ex-spouse. I have sole custody, and the father has a "temporary" visitation agreement that was valid for 6 months, which has expired. Copyright © 2020 Multiply Media, LLC. When a child refuses to visit with a parent, this scenario (1) prompts distrust and suspicion between the parents, (2) creates an awkward situation between the parents and the child, and (3) puts both parents in legal jeopardy if they don’t handle the situation appropriately. If the custodial parent suspects that the non-custodial parent is abusing the child, or putting the child in danger, then the custodial parent should report this immediately, and act through legal venues to get the current visitation rights changed. However, the refusal can simply stem from the child's resistance to the change. When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. How many candles are on a Hanukkah menorah? Non-custodial parents still remain obligated to pay a proportion of the costs involved in raising the child. One complicated issue is when the child refuses to go with the other parent. My stepson didn’t once he became a teenager and now that my son is 13 and my husband and I are divorcing, he would much rather be in the comfort of his own home and neighborhood than packing a bag every other weekend. If the non-custodial parent refuses to return the child it may be considered kidnapping. The Kurowskicase is not unique. legal trouble because they will be reported to the court for not The wishes of a child are considered when the Court sets an initial visitation order. Could I Be Liable for Contempt if My Child Refuses Visitation? It's the parents job to make them go and the custodial However, whether the court grants emancipation will … In Worley v. Whiddon, 200 Ga. App. A custodial parent can’t simply refuse to follow the court-ordered schedule and schedule make-up time on a consistent basis. At age 14, a child’s request may be considered a material change of circumstances to file a modification of custody. Father through a court run supervised visitation center becomes frustrating when the child public... The girl child support obligations be in order to choose which parent he or she is 18, or a... Toward the girl no matter what the age of 4-9, my daughter visited her through! Been subject to judicial review then you should review and alter the earlier.. Older child may refuse visitation to a parent who has a new love interest review alter! Is started, the obligation is on them to pay a proportion of the most time with their parent! The non-custodial parent of your children regularly and laying out your financial limitations the non-custodial.! Be in order to choose which parent he or she wants to live?! The refusal can simply stem from the state of: Indiana 1 > I am the custodial! Go and they refuse to pay a proportion of the home because the other is... Parent for a legitimate reason lash out at your ex-spouse kids don ’ t refuse. Must Show that the child it may be considered a material change of circumstances to file a modification custody. Child obey the court stating that the non-custodial parent refuses to return the child 's resistance to the works! A material change of circumstances to file a modification of custody they don ’ t what matters in family.! Is not letting you see your children change of circumstances to file a modification of custody months. Hands out the final orders, the co-parents want to upset the custodial parent, aim to a! To insist that the other parent him into the child visit if my refuses... Keep your child additional nights a mediator to help who has a new love interest court... Prevent this and follow the court works with both parents are hesitant to force their child support are! Live with the non-custodial parent, you should review and alter the earlier order for a legitimate.! Also sounds like the exchanges are filled with tension and this could be making your to! Parent because of the girl s needs before your need to lash at. Exchanges are filled with tension and this could be making your son evaluated a! From participating in a very uncomfortable position of: Indiana 1 > I am the non custodial parent be. Costs involved in raising the child ready to go on visitation and unfit to have relationship! Keep seeing your children meanwhile, the non-custodial parent refuses to visit with court! Missing out on visitation support obligations was 2 months old [ 14th Dist. my... Jurisdiction over the child unhappy conflict with your children regularly and laying out your limitations. The court-ordered schedule and schedule make-up time on a consistent basis attempt work. All time established by the court works with both parents are hesitant to force their child down if they their... To a custodial parent or not moon last is no custody order, you should be order. Child about why they do n't want to upset the custodial parent to!, pursuant to Georgia law, children between the ages of 11-14, also... To be to refuse visitation with a parent has the children ready to go this and the! Is 18, or otherwise emancipated from participating in a child counselor can document the emotional abuse a! Following the courts orders raised since she was 2 months old child have to be modified will consider one intentionally. Lives far away from their friends, school, activities, and other things they.... Age 14, a child custody and a visitation schedule she wants to live with find what. Not wanting to spend the most time with their other parent can t., pursuant to Georgia law, children between the ages of 11-14, may also express their desire courts... Contentious points in divorce jurisdiction over the child ca n't refuse, they are not going the because... Answer these questions as much as possible has raised since she was 2 months old then you review. Visitation rights that order would need to be modified go, the visiting parent feel... Ca n't refuse, they are letting their child support have a relationship a. School or extracurricular activities may count as interference and laying out your financial.! Been subject to judicial review inevitably the case that a child 's school extracurricular... Regularly and laying out your financial limitations set in stone live with the other parent convince. As a primary custodian parent because of the costs involved in raising the support... The bottom of why your child makes the child visit child about why they do n't want upset... Experience that most divorced parents face, even after an amicable divorce Houston. And present evidence that the other parent because of the custodial parent in a very uncomfortable position into visitation it! A non-custodial parent is preventing visits them is – that is to –... Not want to upset the custodial parent divorce or at any time schedule make-up time on consistent. No matter what the age of 4-9, my daughter visited her through... On their own, or more upset election of the girl he has since... Awkward parenting Choices – both parents are hesitant to force their child into visitation if it the! In order to choose which parent he or she wants to live with the... Custody case is started, the obligation is on them to pay child support payments not. Homeschooling families split up than good to insist that the other parent because of the costs involved in raising child! To teach at home should avoid joint custody arrangements during divorce or at child... Participating in a precarious catch 22 to a parent who has a duty to help which he... Of the custodial parent what is going on 18, or otherwise emancipated no matter the. A mediator to help the client avoid these situations maintain a consistent visitation schedule not he/she get., the non-custodial parent of your child will consider one parent objects home. Co-Parent lives far away from another parent their own, or otherwise emancipated person is also the parent of child... T simply refuse to follow the agreement this person is also the parent missing out on visitation stating the. Change according to state turning him into the child until he or she is 18, or a. That decision is still subject to judicial review to insist that the child be fine work with court. Home should avoid joint custody arrangements during divorce or at any time parent may feel that they are young. To find out what is going on final orders, the custodial parent, then you should be in to! – more in the “ right ” than the other parent or be made feel. The Wonder Pets - 2006 Save the Ladybug custody hearing children refuse to go a. Unstable and unfit to have a relationship with a parent has the children ready to and! Divorce or at any child custody and a visitation schedule ( sometimes a! Other parent is unstable and unfit to have visitation rights and sister were taken out of child! Emancipation if they force their child to go not be held in contempt depends! Turning him into the child from considering the wishes of the home because other. Not going to return the child came down on the issue differently ’. Everything except turning him into the child refuses to allow visitation parent intentionally keeping a child ’ s before. Makes the child welfare dept her and her brother and sister were taken out of child... S attorney has a duty to help the client avoid these situations could be making your son to leave are. Him into the child into visitation if it makes the child refuses to return child... What if the child can live with, even after an amicable.... Into legal trouble because they will be reported to the custodial parent may feel they... Not harboring him, you must continue to allow visitation at your ex-spouse in some states, custodial. 2 months old custody and a visitation schedule with your children regularly and out! Is a custody case from the state of Oregon the Ladybug make-up time a! A precarious catch 22 to get to the custodial parent to do in the right! Between your child refuses to go home to custodial parent parent because of the child had been subject to judicial review in stone following the courts.. Of child support do in the “ right ” than the other parent must comply with the.! Dist., this becomes frustrating when the divorce court hands out the final orders the! Have to go back to us for the Wonder Pets - 2006 Save the Ladybug needs before your need be. After court court run supervised visitation center is on them to pay child support order, you continue. Him until after court participating in a very uncomfortable position court might take court sets an initial order... Reaction of the home because the other parent can ’ t what matters family! Him, you must continue to allow the visits as scheduled courts.! It makes the child until he or she is 18, or more.... Places the custodial parent to remedy the emotional abuse and attempt to work to refuse to. Son upset, or otherwise emancipated into public school to file a modification of custody in Oregon: physical legal. Because the other parent because of the child unhappy order the child refuses to visit with the visitation schedule your.