A child so close to majority usually has his preference followed. Father has submitting an ex parte stating I am in contempt for not “allowing her to visit him. She has been under professional counseling for several years as well and dr’s state it is not in the childs best interest to force visitation. Office in Ridgeland, MS. Can a child refuse visitation with a 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. It is both a sin to do so and a belittling of the role of each parent in the life of his/her child. • 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. It's a common child custody myth that once children reach a certain age, they are perfectly within their rights to decide to limit their time with or to not see a parent. What do we do? Home / Articles / Can a child refuse visitation with a parent? Some people have mental illness that are difficult to digniose such as; anti socail disorder, etc. This article never answered the question. The situation is increasingly problematic as the child approaches the age of majority (18 years old). The child refuses the visit. He’s done it before for small things and I really don’t want to go to my dads but I don’t want my mom to get in trouble. When it's a teenager who is refusing visitation, the court may look at the situation differently than they would if it was a young child. My daughter turned 18 in January 2017 but wont graduate high school until June 2017. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. I’ve just recently turned 16 and I haven’t wanted to go to my dads house for a very long time. 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. Cordell & Cordell has men’s divorce lawyers located in 18 states. California says 14 years old and the child has a voice. Fam. This article will explain how a child’s preference affects custody in Michigan. 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. My husband bends over backwards for this kid, and his ex plays on emotional strings to violate the order. Ms. Hankinson is licensed in the state of Texas. I have a daughter is 13 years old and she doesn’t want go his house or see him ever again. A minor can nominate a guardian at the age of 14. She is never home, leaving him on his own with a troubled older brother all of the time. 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. What should I do? fatherqI think that custody arrangement should be grafted in stone even when the child want them to change. Joseph Cordell, Principal Partner, licensed in MO and IL only. If the court is involved, its because one or both parents are attempting to retain control. A parent should not act on a child's initial impulse; instead, the parents should communicate about possible causes of the child's refusal to visit. But I’m afraid that if I refuse to go he will try and get my mom in trouble. 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. However, the refusal can simply stem from the child's resistance to the change. Here are some ages that have some significance under Michigan law for minors. Custodial parents face a difficult issue when a minor child refuses to visit with the other parent. Phyllis MacCutcheon licensed in CT and NM only. Is there a way I can stop these visitations? Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to. Her older son has been manipulated to not visit his dad either. Anytime children refuse to participate in a planned visit with their other parent, you should: Talk with them about why they do not want to participate in the visit (if they are concerned for their safety, contact your attorney for advice). Custody and parenting time are important decisions that affect where your children live and how often they see each parent. i am in a similar situation, My x want to take my 4years Bby during weekend n school holiday. She cries every time I bring up that she might have to go see daddy for a little bit. Today she filed a bogus charge against my husband. Age 18 see link A custodial parent is a parent who has the child living with him or her and has primary care, custody and responsibility for the child. People often think about custody in terms of “legal” custody and “physical” custody. 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 parental fitness. THIS IS AN ATTORNEY ADVERTISEMENT. Especially with no money to fight?? A child can go to court to ask a judge for an order emancipating them from their parents at the age of 16. I also see her on Wednesday’s for dinner. See Tex. Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision. In order to modify an earlier order, a new suit must be filed. What is someone supposed to do then? Lisa Karges, Florida Resident Partner - Tampa, FL. Your IP: 205.186.161.114 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!! But I’m clean and sober now and my kids are happy and safe. I have a 12 ( soon to be 13 year old daughter that refuses to go to visitation with her father. There is no legal age in Michigan that applies to this situation other than age 18. The legal age at which a young person can refuse to go to the other parent's house for parenting time is 18--even if you're not graduated from high school and your father has to continue to pay child … Legal custody means having the right to make important decisions about your children, such as where they go to school, what religion they are, and major medical decisions. Avoiding Contempt When a Child Refuses to Visit with a Parent . In some cases, the child’s mental heath is at-issue due to familial turmoil or stress related to the divorce. That is ridiculous. In Georgia, once a child turns 14 he or she may choose which parent will be their primary custodial parent, however, there are instances when a judge can overrule the child’s election. That is what the question is about, not living situation. I have visitation with her every other weekend. You have probaly not let your children OD, play with your illegal drugs, let you 3 yr old play with power tools. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. If she refuses to spend visitation time with my ex-wife, can I get in trouble for that? This refusal may result from alienation, anger, and sometimes fear.

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