People often think about custody in terms of “legal” custody and “physical” custody. Some people have mental illness that are difficult to digniose such as; anti socail disorder, etc. You're doing the right thing in encouraging him to go, but it's up to him. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Save my name, email, and website in this browser for the next time I comment. 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. Seems hopeless at times but at least my kids have been taught to stand up for what they believe and respectfully voice their concerns. Is there a black and white age when it truly becomes the childs choice? Jennifer Hankinson is a Staff Attorney in the Dallas, Texas office of Cordell & Cordell, where she practices domestic relations exclusively. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Sometimes it is jealousy of other siblings that brings on not wanting to visit. A child so close to majority usually has his preference followed. That is ridiculous. This can be tricky because a child may refuse visitation with a parent for a legitimate reason. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window). Is there a way I can stop these visitations? Avoiding Contempt When a Child Refuses to Visit with a Parent . My daughter turned 18 in January 2017 but wont graduate high school until June 2017. Joint custody means the parents share custody. I have a 12 ( soon to be 13 year old daughter that refuses to go to visitation with her father. In my experience, its not about the kids at all. I’ve just recently turned 16 and I haven’t wanted to go to my dads house for a very long time. Just sayin, What about a convicted criminalTHats not correct You may be a normal person. I’m 17 years old and I live with my dad, he has full custody of my brother (16 years old) and me (girl). It is a common idea that once you reach 14 that you can refuse to go for parenting time. i am in a similar situation, My x want to take my 4years Bby during weekend n school holiday. 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. 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. This refusal may result from alienation, anger, and sometimes fear. At what age of a child do they have to go to the other parents after a divorce and after the child is born. I’m in California. Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to. 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. 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. Joseph Cordell, Principal Partner, licensed in MO and IL only. 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. What should I do? This refusal may result from alienation, anger, and sometimes fear. She has been doing everything she can, even since my step-son was a baby to get rid of my husband. 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. She is never home, leaving him on his own with a troubled older brother all of the time. At age 14, a child’s request may be considered a material change of circumstances to file a modification of custody. This is false. Sometimes, the child’s opinion on custody can get lost in the process. • Home / Articles / Can a child refuse visitation with a parent? There is no legal age in Michigan that applies to this situation other than age 18. The situation is increasingly problematic as the child approaches the age of majority (18 years old). In order to change the terms and conditions of an existing court ordered custody arrangement, you will need to file a suit to modify custody. I have visitation with her every other weekend. In order to modify an earlier order, a new suit must be filed. It is both a sin to do so and a belittling of the role of each parent in the life of his/her child. Obviously the child lives with the father but does not want to see the mother. A war that must be fought, it unsuccessfully in court and through the due process than by blood!!!!!!! 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!! Father has submitting an ex parte stating I am in contempt for not “allowing her to visit him. While none of these apply in custody or parenting time issues, it’s possible these feed the confusion. 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 … In some cases, the child’s mental heath is at-issue due to familial turmoil or stress related to the divorce. I don’t like my birth mother, therefore I don’t want to visit with her anymore. 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. It is a common idea that once you reach 14 that you can refuse to go for parenting time. He has already signed two agreements stating he would not force child to visit. 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). Teenagers are known to push their parents' buttons and try to call the shots, but legally speaking, in most states, teenagers under 18 don't have a say in whether or not they follow the visitation schedule. Is she mandated to visit with me? They asked about visitation, not living preference. • For more information please contact a Texas family law attorney. This should not change simply because of divorce. Your IP: 205.186.161.114 I also see her on Wednesday’s for dinner. This article will explain how a child’s preference affects custody in Michigan. And I am positive that he won’t give my mom full custody. take your baby to drug dealers with 2 attack dogs, killed your pets in front of children. If she refuses to spend visitation time with my ex-wife, can I get in trouble for that? Lisa Karges, Florida Resident Partner - Tampa, FL. What age can a child refuse visitation with a non custodial parent in AL? Your email address will not be published. Tags: Dads' rights, modification, Parental rights, visitation. More Especially with no money to fight?? He is allowed to do whatever he wants at his mom, mostly because there has been no adult supervision since he was VERY small. My child is almost 3 years old and her dad came and met her for the first time 2 months ago and hasn’t seen her since , he dosen’t help me with anything for her, now he wants to take her for extended visits out of state. Cordell & Cordell has men’s divorce lawyers located in 18 states. Ms. Hankinson received her bachelors’ degrees in both Finance and Political Science from Santa Clara University in Santa Clara, California. 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.
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