Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Many states’ laws, however, require judges to consider a child’s custodial preference when determining child custody. This can be tricky because a child may refuse visitation with a parent for a legitimate reason. More She has been doing everything she can, even since my step-son was a baby to get rid of my husband. Maybe it would be possible to involve a therapist to help this situation. She does not want to continue visits with me. fatherqI think that custody arrangement should be grafted in stone even when the child want them to change. This refusal may result from alienation, anger, and sometimes fear. People often think about custody in terms of “legal” custody and “physical” custody. Her older son has been manipulated to not visit his dad either. 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). 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. I also see her on Wednesday’s for dinner. Any update on your situation? The situation is increasingly problematic as the child approaches the age of majority (18 years old). Especially with no money to fight?? Would you like the court to order you to be around someone who is emotionally unhealthy for you. Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to. I don’t like my birth mother, therefore I don’t want to visit with her anymore. 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). 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. He has already signed two agreements stating he would not force child to visit. What age can a child refuse visitation with a non custodial parent in AL? Physical custody refers to the children's living arrangements.Custody can be “sole” or “joint.” Sole custody means only one parent has custody. i am in a similar situation, My x want to take my 4years Bby during weekend n school holiday. 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. In order to modify an earlier order, a new suit must be filed. The choice of a lawyer is an important decision and should not be based solely upon advertisements. 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. My daughter turned 18 in January 2017 but wont graduate high school until June 2017. 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 … A war that must be fought, it unsuccessfully in court and through the due process than by blood!!!!!!! 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. This article will explain how a child’s preference affects custody in Michigan. Cloudflare Ray ID: 5f9b340cda0d0dce And I am positive that he won’t give my mom full custody. That child didnt become a member of the family of choice. Unfortunately, that's not true. 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. It is both a sin to do so and a belittling of the role of each parent in the life of his/her child. Is there a way I can stop these visitations? If the court is involved, its because one or both parents are attempting to retain control. Performance & security by Cloudflare, Please complete the security check to access. I agree. Office in Ridgeland, MS. Can a child refuse visitation with a parent? 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. While none of these apply in custody or parenting time issues, it’s possible these feed the confusion. It is a common idea that once you reach 14 that you can refuse to go for parenting time. In some cases, the child’s mental heath is at-issue due to familial turmoil or stress related to the divorce. Joseph Cordell, Principal Partner, licensed in MO and IL only. The root of the problem is these damn medications that make people crazy, literally. 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. Your IP: 126.96.36.199 What is someone supposed to do then? I have visitation with her every other weekend. However, there can be legal ramifications in cooperating with a child's visitation refusal. 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. take your baby to drug dealers with 2 attack dogs, killed your pets in front of children. A 15-year-old, being a minor, has no legal right to not comply with a valid court order. Seems hopeless at times but at least my kids have been taught to stand up for what they believe and respectfully voice their concerns. 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 bends over backwards for this kid, and his ex plays on emotional strings to violate the order. 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. 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. 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. Jeez kids have feelings too. 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.