In instances of a child refusal’s, there are a few options parents can take. Request that an independent attorney represent your child, Seeking an Attorney to Represent a Child to Avoid Contempt when the Child Refuses to Visit with a Parent, How Bucks County Child Support May Affect Your Divorce, Grandparent Rights to Visitation or Child Custody in Pennsylvania. However, in the court’s eyes, such testimony will provide unbiased evidence that there is a legitimate threat to the child’s well-being. Please do not hesitate to contact us. That parent will also make the important decisions in the child's life, such as where they go … A parent should not act on a child's initial impulse; instead, the parents should communicate about possible causes of the child… Badmouth the other parent. Or the custodial parent is simply unable to physically force an older child to follow the custody schedule. First, the custodial parent should document every step he or she takes to adhere to the schedule. If you’re having a hard time viewing your child's request objectively, talk with a friend or counselor about how you can separate your child’s request from your identity as a parent. A child under five may appear clingy, cry, scream or pretend to be ill. As a parent you may feel like your hands are tied, especially after a divorce or separation. However, the refusal can simply stem from the child's resistance to the change. A judge won’t be swayed by one parent’s argument that a toddler refused visitation. This includes assuring a relationship with both parents inasmuch as it is possible. to convince him to go back to the custodial parent… If you still cannot agree, you and the other parent will meet with the judge. A parent’s impulse to protect a child is primal. However, there's not a lot of tolerance when a child exercises that willpower by refusing visitation. Courts look unfavorably on parents who seek to limit the other spouse’s contact with a child. Virtually all of these divorces will be impacted by child support issues. Generally, the judge will then decide your custody and visitation schedule. Your co-parent lives far away from their friends, school, activities, and other things they enjoy. You may still harbor bad feelings for your ex, but this person is also the parent of your child. Appraise your spouse ahead of time that you will be taking the child to a therapist. When your child refuses to visit with the other parent, document your attempts to adhere to the custody schedule, 2. When you say nasty things about your ex or use your child as a go-between you aren’t getting back at your ex, you’re harming your child. Parents often lament that children have minds of their own, and there's no doubt that this statement rings true for many families. Some states protect the non-custodial parent's right to maintain an ongoing relationship with their children, while other states protect the custodial parent's right to relocate for employment or family reasons… The custodial parent’s attorney has a duty to help the client avoid these situations. However, it is not unheard of that a threat to a child’s well-being exists. Record your attempts to have the child honor the custody schedule. In some states, a non-custodial parent can opt out of paying child support even though the custodial parent expects payments. You should consult an attorney for advice regarding your individual situation. We can accommodate early morning, late evening and weekend appointments. I tried everything except turning him into the child welfare dept. Hire a child psychologist to review and evaluate your child’s reasons for the refusal, 3. In most states, the courts consider taking a child from his parent with the intent to interfere with that parent's physical custody of the child, even if the that parent also has custody rights, as a crime that is punishable by jail time, according to Myfamilylaw… If you have not encouraged your son to leave and are not … Sometimes the custodial parent may request that you keep your child … We discuss this option in our next article. Go Verified by ... Of course, both parents often want to keep the kids with them, which frequently results in joint custody. Custodial parents face a difficult issue when a minor child refuses to visit with the other parent. Whatever the reason, it can put you in a bad position. We are ready and able to assist you. By Selany in forum Child Custody, Support and Visitation, By VanessaInRed in forum Child Custody, Support and Visitation, By worriedfordaughter in forum Child Custody, Support and Visitation, By tresmilagros in forum Child Custody, Support and Visitation, By mom2four in forum Child Custody, Support and Visitation, 17-Year-Old Will Not Return to Custodial Parent, Non-Custodial Parent Taken to Court, Custodial Parent's Rights When Non-Custodial Parent Doesn't Follow Custody Orders, Can the Non-Custodial Parent Make the Custodial Parent Apply for State Aid, Medical, Non-Custodial Parent Wants Visitation, Right When Custodial Parent is Planning a Move, Change of Domicile - Custodial Parent Job Offer and Non Custodial Parent Unemployed, Non-Custodial Parent Trash Talking Custodial Parent to Child, If this is your first visit please consider. If you don’t comply with the visitation schedule, you can get in trouble for not making them go. 2> The custodial parent has sole custody. What does the court do when a child refuses to visit with a parent? This means, you're obligated to make a child in your care available for visits with the other parent as laid out in the custody order.A parent may have a different role in making visits happen for a four-year old child versus a 14 year-old one. A review of homeschool custody cases reveals five factors parents need to understand, especially if they are not married to their child’s “other” parent. Cooley & Handy understands the challenges you are facing right now. Follow through with several appointments such that firm information can be gathered. The custodial parent’s attorney has a duty to help the client avoid these situations. Older children may become … The child refuses the visit. Often, a child may not want to openly discuss their issues with the other parent with the custodial parent. This will demonstrate a responsible attitude of cooperation and disclosure on your part. If they are a custodial parent, they can lose their custody rights to the child, or have their custody reduced. Sometimes one parent is simply unwilling to relinquish the children. So why would a court seek to intervene by forcing a custody schedule that may be damaging to the child? Custodial parents face a difficult issue when a minor child refuses to visit with the other parent. It is only natural that we want … Sometimes it depends on which judge is hearing the matter. They are naturally skeptical when arguments are put forth todo that. 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, … In some cases, the child’s mental heath is at-issue due to familial turmoil or stress related to the divorce. Many states have started to consider a child’s … A question custodial parents often ask is, “What can I do if the other parent doesn’t show for visitation?” As parents, we feel our child’s pain when the other parent fails to exercise parental visitation. Court-ordered child support payments are not set in stone. Second, hire a child psychologist or therapist, and have the child’s fears and concerns documented by someone other than yourself. 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 … So, if your young child refuses visitation, doesn’t feel like going, or doesn’t like … The Custody Factor So why would a court seek to intervene by forcing a custody schedule that may be damaging to the child? Why? A parent’s impulse to protect a child is primal. The custodial parent then is threatened with incarceration or a change in primary custody unless they physically force the defiant child to follow the custody schedule. This refusal may result from alienation, anger, and sometimes fear. At other times, a child may feel bitter about the non-custodial parent's significant other. When children … Sometimes, judges will lay the blame entirely on the custodial parent and his or her alleged inability to control the child. Under the law, each parent must follow a custody order exactly. First of all, the court has a mandate to protect the best interests of the child. When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. 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