But I’m clean and sober now and my kids are happy and safe. If she refuses to spend visitation time with my ex-wife, can I get in trouble for that? 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. There is no legal age in Michigan that applies to this situation other than age 18. 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). A minor can nominate a guardian at the age of 14. Your email address will not be published. A child so close to majority usually has his preference followed. my daughter is 10 years old and it is court ordered for her to see her father but the last 2 weekends she has come home saying thank god that weekend is over she don’t like it there they are mean to her they blame her for stuff that she don’t do they yell at her for every little thing and they harldy have food in the house like for today my daughter said she only had cereal and chips today because no one cooked anything. 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. The choice of a lawyer is an important decision and should not be based solely upon advertisements. 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. The child refuses the visit. Is she mandated to visit with me? Tags: Dads' rights, modification, Parental rights, visitation. Code §§ 153.007(a) and 156.101. Avoiding Contempt When a Child Refuses to Visit with a Parent . This refusal may result from alienation, anger, and sometimes fear. The situation is increasingly problematic as the child approaches the age of majority (18 years old). 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!! She cries every time I bring up that she might have to go see daddy for a little bit. 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. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. Cordell & Cordell has men’s divorce lawyers located in 18 states. Physical custody refers to the children's living arrangements.Custody can be “sole” or “joint.” Sole custody means only one parent has custody. A custody order is granted as part of a divorce case (if you are married) or a custody case (if you are not married or if you don’t want a divorce). This is false. THIS IS AN ATTORNEY ADVERTISEMENT. I think it should be 12 but that’s just my opinion. Unfortunately, that's not true. I agree. The root of the problem is these damn medications that make people crazy, literally. Sometimes, the child’s opinion on custody can get lost in the process. • A 15-year-old, being a minor, has no legal right to not comply with a valid court order. 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. A custody order can generally be modified on four different grounds: 1) an agreement by the parties plus it is in the best interest of the child, 2) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with, plus it is in the best interest of the child, 3) the parent with the exclusive right to designate the primary residence has voluntarily relinquished primary care and possess of the child for at least six months, plus it in in the best interest of the child, and 4) there is a material and substantial change in the circumstances of the child and it is in the best interest of the child. Fam. Please be advised that my answering of this question does not constitute an attorney-client relationship. More In order to modify an earlier order, a new suit must be filed. This article never answered the question. They asked about visitation, not living preference. Their presence in the family was executed by the sole discretion of two parents. Would you like the court to order you to be around someone who is emotionally unhealthy for you. She later received her Juris Doctor from Gonzaga University School of Law in Spokane, Washington, where she graduated Cum Laude. What do we do? That is ridiculous. I’m 17 years old and I live with my dad, he has full custody of my brother (16 years old) and me (girl). And I am positive that he won’t give my mom full custody. Office in Ridgeland, MS. Can a child refuse visitation with a parent? A war that must be fought, it unsuccessfully in court and through the due process than by blood!!!!!!! Jeez kids have feelings too. Seems hopeless at times but at least my kids have been taught to stand up for what they believe and respectfully voice their concerns. That is what the question is about, not living situation. It is a common idea that once you reach 14 that you can refuse to go for parenting time. Ms. Hankinson received her bachelors’ degrees in both Finance and Political Science from Santa Clara University in Santa Clara, California. 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. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. However, as a practical matter, it is unlikely that anyone can physically compel the 15-year-old to go to the other parent's house without making a big ruckus. I don’t get along with him at all and I wanna go to my moms on his weekends but he tells me I can’t. Cloudflare Ray ID: 5f9b340cda0d0dce 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 … Any update on your situation? CORDELL & CORDELL, ST. LOUIS, MO. What age can a child refuse visitation with a non custodial parent in AL?
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