Indirect interference with parenting time can involve disparaging or talking negatively about the other parent in the child’s presence, asking the child to report on or “spy” on the parent’s personal life, or coaching the child. If a custodial parent cannot deny visitation rights to the non-custodial parent if there is a custody agreement or order in place, they must. If the other parent has failed to exercise their parenting time without valid justification and for a decent length of time, a modification of the parenting time order may be necessary.
Parents who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent. Technically, any child who is not yet a legal adult may ask a judge to enforce their custody orders through contempt. Refusing parenting time can only occur in specific situations, such as if the parent is afraid for their child’s safety.
To resolve the problem, parents should communicate and document their concerns. If a parent is denied legal parenting time, they can call the local police, contact the district attorney, or seek a court order. Sometimes denial of parenting time is not a reflection of the guardian’s parenting ability but rather the physical wellbeing of the child. If a parent is denied visitation, they may consider calling the police to enforce the child custody agreement.
Refusing visitation can be considered justified when the problems in the parent’s behavior have been documented and corroborated. Legally, a child can refuse visitation at age 18, as they become an adult.
📹 Can I Refuse Parenting Time If I’m Concerned For Their Safety – ChooseGoldman.com
0:00 Introduction to the firm 0:51 What action should be done? Can I Refuse Parenting Time If I’m Concerned For Their Safety …
Can a 12 year old refuse visitation in Georgia?
Under the Georgia Code, children under 14 can refuse visitation with their other parent, but they cannot unilaterally decide to stop. The court will likely uphold the child’s wishes unless it determines it is not in their best interests. The court will consider the child’s motivation, the custodial parent’s influence, and the existing visitation order. If the child refuses, the court may hold the parent in contempt for failure to follow the visitation arrangement. A hearing will be scheduled, and the judge will discuss the reasons for the child’s refusal, considering various factors.
Can a 16 year old refuse visitation in Texas?
In Texas, a child cannot refuse visitation under 18 years old. Visitation is the parent’s right, and it cannot be taken away by the custodial parent or child. The only option is for the custodial parent to request a modification of the order. However, it is challenging to convince a judge that having visitation rights cut off is beneficial for the child. If the non-custodial parent is concerned about the child’s refusal, they should focus on mending the relationship and seeking professional counseling to identify the root causes of tension. If the custodial parent knowingly violates their visitation orders, they may face severe penalties, including jail time and fines.
What if my son doesn’t want to go to his dad?
A child of approximately 16 years of age is legally permitted to refuse to attend school. However, younger children are required to comply with court orders or agreements. It may be advantageous for a child psychologist to provide assistance, but parents should refrain from attempting to communicate with the child independently.
At what age can a child refuse to see a parent in SC?
In South Carolina, there is no set age for a child to refuse visitation with another parent. If a parent is intentionally withholding or interfering with visitation, it is essential to consult a family court attorney. There are two legal avenues to take in such situations: holding the other parent in contempt of court if there is a court order establishing the visitation schedule, or requesting custody if the parent is proving to be interfering with visitation. The court may also limit or supervise the offending parent’s visitation with the child.
Taking the other parent to court should be the last option before trying non-legal means to improve relations with them. It is possible that their attempts to interfere may worsen as a reaction to being sued. Before going to court, it is important to speak with the other parent to understand their concerns regarding visitation. In some cases, there may be no alternative but to go to court, but in others, the other parent may have concerns that can be addressed through compromise or communication.
What if my son is refusing to see his father?
If your child refuses to spend time with another parent due to safety or family violence concerns, seek legal advice immediately. While a child has the right to a meaningful relationship with both parents, it should not compromise their safety. The court’s priority is the child’s best interests, but if the reason doesn’t directly affect their safety or well-being, your child should spend time with their other parent.
Can a 12 year old refuse visitation in Texas?
Texas family law prioritizes the child’s best interests when determining visitation rights. The decision is based on factors such as the child’s age, maturity, and family circumstances. Texas courts emphasize a child-centric approach in custody and visitation cases, protecting children’s welfare while respecting parents’ rights. Psychological perspectives play a significant role in visitation decisions, as they consider the child’s age, maturity, and specific family circumstances.
At what age can a child refuse to see a parent in Texas?
In Texas, a child’s age, maturity, and reasons for refusing visitation are considered by the court, with older and more mature children generally given more weight. However, a child’s preference is not the sole factor determining custody or visitation decisions. The court’s primary concern is always the child’s best interests, including emotional, physical, and educational welfare, and not the views of a mature child.
Can a child say they don’t want to see a parent?
In Texas, children can express their views on custody and visitation at age 12, but they cannot refuse visitation entirely. Visitation is a parent’s right and cannot be refused by the child or the other parent. Once a child reaches age 18 and is no longer legally considered a child, they have the right to refuse visitation. If a child refuses visitation, it is crucial to investigate the reasons for their uncooperative behavior. Possible reasons may include abuse, substance abuse, or unsafe environments. If this is not the case, it is essential to be proactive and encourage visitation.
To notify the other parent, it is essential to provide clear explanations and follow preferred communication methods. If a specific method is not required, contact the other parent via text or email to maintain a written record of the situation.
Can I force my child to see his dad?
A child’s age does not determine their right to refuse to see a parent. The focus is on the total circumstances, and judges generally do not expect parents to physically force an older child to visit. A custodial parent should start with cajoling and encouragement, and if the child still refuses, they may try direct discussion with the other parent. If found in court, the parent should share specific examples of making appropriate efforts to facilitate visitation or risk losing status as the custodial parent.
Being open to professional assistance, such as therapy or counseling, is crucial for early intervention and promoting family cooperation. Although professional counseling may not always be necessary, early intervention can help resolve problems and promote family cooperation.
At what age can a child refuse to see a parent in PA?
When a child may show reluctance to participate in agreed-upon schedules, it is crucial to ensure they are ready and available for scheduled time sharing. Encourage participation and do not let a child control their visitation. In Pennsylvania, a child cannot refuse to see another parent before age 18. If the other parent does not arrive within a reasonable time of the scheduled visit without notifying you, you may assume they have chosen not to exercise that period.
Time sharing will resume on the next scheduled visit. Safety is also important, and neither parent nor other party should be under the influence of alcohol or drugs before or during any time with the child.
What happens if my child doesn’t want to see her father?
If your child refuses visitation, inform your co-parent immediately and use a method of communication that can document the incident. The OurFamilyWizard app’s Messages feature records timestamps and is permanent. The Journal feature allows you to create an entry to document changes to the regular parenting schedule, explaining the incident and the change in plans. Keep the entry private for your records or share it with your co-parent, attorney, or anyone working with you on OurFamilyWizard.
📹 What To Do If Your Ex Violates Y Parenting Time Agreement
In the event you have a parent who is late for pickup or drop-off of a child during parenting time there are a few things that can be …
Add comment