(My ex has said he'd take me to court on contempt charges). Child support and visitation are two separate things, What to do when your child resists visitation. It's also very responsible of you to follow the court order - you don't want to find yourself in contempt of court. Would they benefit from a little more stability? Learn how to save time, money, and turmoil. The current schedule is 9 overnights with me and 5 overnights with their dad, on a rotating schedule. It’s implied that a parent will act reasonably. Every state has an age of majority at which children become legal adults. The situation is increasingly … I would suggest you try to find a compromise. My ex then turned around and accused me of custodial interference. Typically, the age of majority is 18. This helps the other parent understand the situation and places some obligation on their part to facilitate visits. The child can choose not to visit, but that decision is still subject to judicial review. I would also suggest you try to talk to your ex yourself and tell him you're on his side and you want your son to go, but that he is at an age where forcing him to go is just going to cause resentment. Does my daughter still have to see him? I have several suggestions for you. Illinois has joined the rest of the nation in adopting the Uniform Child Custody Act (UCCA), which is intended to minimize interstate child custody conflicts. If a case of emotional abuse was substantiated by Child Protective Services, but I can't get a guardian ad litem appointed and her former counselor won't testify, what options do I have? In a sole physical custody arrangement, the child lives with one parent full-time, even if the non-custodial parent has visitation rights or shares in the legal custody arrangement. It's not really up to you - she's old enough that her opinion will be what the court listens to. A court will look at several factors when determining whether domestic violence is an appropriate reason to refuse visitation… Asking for some visitation and counseling is an excellent idea. If parents aren’t able to agree, a judge will make a visitation and custody order based on the child’s best interests.. Under any visitation order, a parent must make a child reasonably available for a visit at the times set forth in the order. Find out what's going on and see if there are any fixes. My 16 almost 17 year old step daughter has not seen her mother in four years. The child can choose not to visit, but that decision is still subject to judicial review. Get her father involved so he knows what's going on. 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… At a certain age, many courts will agree that, while a teenager is still a child, they should have some say in where they live and when, though that age will vary from state to state. She doesn't want to as she is not comfortable with him as he drinks a lot. Brette's Answer: I think it's terrific that you have made the effort to allow your daughter time with her father. Instead of going to stay at his dad's house, what if he just had dinner with him or went to a sporting event one night a week or once every two weeks? Before the year 2000, the Court considered what's best for the child. Technically, if the non-custodial parent has court ordered visitation, then the child and custodial parent have to comply with it. Brette's Answer: It is difficult when children reach an age where they start to have commitments that don't mesh with visitation. Is he encouraging them to go? If you have concerns that your child is being abused or harmed by the other parent, then you should contact your attorney immediately. Thank you for this question. Courts must further the best interests of the child in determining an appropriate custody arrangement in Kentucky. His father is not going to fight me for custody. Good luck. When a child refuses visitation, it puts a parent in a difficult position. After a judge decided that the 12-year-old would engage in the same child custody arrangement as the triplets, the child indicated that she no longer wanted to spend overnights with … This is not at all abnormal. If you have additional questions about visitation after reading this article, contact a local family law attorney for advice. As for the 12-year-old, the issue of parenting time could not be resolved and was deferred to the court. If someone gets a promotion, moves, or remarries, custody and … Under South Carolina’s family laws, there is no set age at which a child can refuse to go visit with the other parent. If they do not, then the custodial parent can be held in contempt of court. Visitation (or parenting time) is described and legally outlined under Code of Virginia Title 20, Chapter 6.1. You need to discuss in detail what your concerns are with specific incidents. Visitation Basics. It lays out the single overriding concern for every aspectof parenting time: Best interests of the child Under § 20-124.3(8), the court recognizes “the reasonable preference of the child, if the court deems the child to be of reasonabl… At other times, a child may feel bitter about the non-custodial parent's significant other. My attorney says he gets to choose, but my exâs attorney says he doesnât. Custody Standard. Would a judge order counseling if my son doesn't want to see me? Instead, I would suggest several things. If it's at all possible try to sit down with him in a neutral, no-conflict way and share your concerns. However, in most situations where visitation is not posing a danger to the child, you need to be able to show a judge that you are doing everything you can to make visits possible. At the same time, many courts will hesitate to influence the choice … First of all, you need to know your daughter is not the first and certainly won't be the last teenager who disagrees with a visitation plan. I have been ordered by the court for her to go, and gave my lawyer many items to support my daughter's reasons not wanting to. We currently have shared custody and he is threatening to file for 50-50 custody. There are alternatives. Many divorced parents experience times when their child refuses visitation with the other parent. This article deals with an issue which sometimes occurs – when a child refuses to cooperate with the California Court’s visitation Order. The question here is how is your ex handling this? I worked with many families who were in similar situations to yours and I know how difficult and frustrating it is for you. Im NOT going to stand out there in the middle of a public place for hours and hours. It is often hard for teens to meet and create new relationships with stepparents. For that matter, what does Virginia law say when your ex-wife is saying your children do not want to see you? Help! Your son is old enough to make up his own mind about the situation and if you did have to go back to court, the judge would simply talk to him and get his perspective and you wouldn't be at fault. I did not go to court because I was afraid my son and his father would get even angrier and I would see him even less, but I am faced with the reality that I may not be able to see him anyway. In cooperating with a child off at a certain location or at the hearing and pick up my.! 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