Children are not pawns in a chess game and should be given the respect to know what is in their best interest at a specified age. It’s really bad and there step mom put her nose in our kids issues. I pay child support. Jeez kids have feelings too. His background is with child psychology at Arizona State University where he received a B.S. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. For whatever reason, the law must still be enforced. Can You Change Your Child’s Surname After Divorce? Sorry, your blog cannot share posts by email. Let's face it: No one can (or should) force children to visit with their parent if they don't want to. The ex has now resorted to calling the police every time she doesn’t want to honor the court order, instead of just doing what is right. If the court is involved, its because one or both parents are attempting to retain control. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. Proving you are not the biological father while still legally married, Cordell & Cordell’s Virtual Town Hall Offers Tips on Progressing Your Divorce Case During COVID-19, Cordell & Cordell Virtual Town Hall Emphasizes the Importance of Strategy in Divorce Cases, Cordell & Cordell’s Virtual Town Hall Highlights Dirty Tricks in Divorce, Click here for a full listing of offices nationwide. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window). Perhaps the divorce proceeding was intense. One complicated issue is when the child refuses to go with the other parent. Your email address will not be published. We don’t get along and his girlfriend is just not a nice person and I don’t want to spend time around either of them. This is what the law states. Obviously the child lives with the father but does not want to see the mother. Visitation is the right of the parent, and it must be upheld. The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child. To determine the child’s preference, the judge will interview the child in chambers. Especially with no money to fight?? See Tex. THIS IS AN ATTORNEY ADVERTISEMENT. Code §§ 153.007(a) and 156.101. fatherqI think that custody arrangement should be grafted in stone even when the child want them to change. In the scenario when the child is already dressed up and packed, and the other parent is on the way, but the children state that they would rather stay with the custodial parent, should the child’s refusal prevail? Is she mandated to visit with me? You have probaly not let your children OD, play with your illegal drugs, let you 3 yr old play with power tools. I have a 12 ( soon to be 13 year old daughter that refuses to go to visitation with her father. Some people have mental illness that are difficult to digniose such as; anti socail disorder, etc. My husband bends over backwards for this kid, and his ex plays on emotional strings to violate the order. Any update on your situation? No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. I’ve just recently turned 16 and I haven’t wanted to go to my dads house for a very long time. And I am positive that he won’t give my mom full custody. Jennifer Hankinson is a Staff Attorney in the Dallas, Texas office of Cordell & Cordell, where she practices domestic relations exclusively. And yes I have a re order and I’ve been to rehab. While the courts will give a child's wishes more consideration as she grows older, someone younger than 18 can't refuse to visit her noncustodial parent. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Unless visitation would risk physical or mental harm to the child, the courts won't allow her to refuse visitation without consequences for the custodial parent. All rights reserved. If the parent makes the child feel bad about themselves or it is emotionally damaging to the child then of course that child has a right not to want to spend time with that parent!! My husband has never missed a child support payment, has bent over backwards to be there for his son, and she has lied and manipulated our son against his father. Custody and visitation are one of the most contentious points in divorce. However, there can be legal ramifications in cooperating with a child's visitation refusal. Save my name, email, and website in this browser for the next time I comment. He has already signed two agreements stating he would not force child to visit. Today she filed a bogus charge against my husband. Lisa Karges, Florida Resident Partner - Tampa, FL. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits. I agree. At what age of a child do they have to go to the other parents after a divorce and after the child is born. Required fields are marked *. There are cases when the custodial parent is admonished by the court. Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to. Custody and visitation are one of the most contentious points in divorce. I think that I should be able to choose whether I visit with her or not because I think and other people think that I am of age (I’m almost 14), I do not like her, I want to live with my dad, and our relationship is getting to where she is being physically aggressive. This article never answered the question. Can a Child Refuse Visitation? The list goes on and on. take your baby to drug dealers with 2 attack dogs, killed your pets in front of children. While there has been no ruling on “passive contempt” or disobeying the court orders by not performing their assigned duty, there could be consequences if it is discovered that the one co-parent is trying to manipulate the child in any way. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. The custodians need to explain the situation to the child and why they need to go with their other parent. I think children should have a option whn they understand and can talk around 6 yrs old ! But I’m clean and sober now and my kids are happy and safe. In order to modify an earlier order, a new suit must be filed. To determine whether the modification would be in the best interest of the child, the court considers various factors, including caring for the child, maintaining family relationships and … They would even need to physically drag them to their car as part of an effort to “compel the visitation.”. Fam. She is never home, leaving him on his own with a troubled older brother all of the time. Is there a way I can stop these visitations? Parents want to spend the most time with their children, but they will have to face consequences from the law. Father has submitting an ex parte stating I am in contempt for not “allowing her to visit him. But is there any way that my dad could get my mom in trouble if I don’t want to go? We have younger children and his complaint is it is not just him and his dad anymore. The information on this website is for general information purposes only. If the child is unhappy, subjected to inappropriate behaviors and involved or witnesses said behavior then as long as the child is of sound mind, they should be able to choose who they want to spend their time with. Office in Ridgeland, MS. Can a child refuse visitation with a parent?