Can you refuse visitation?

No. This is a very bad idea to go against a court order regarding child visitation rights. The custodial parent sometimes interferes with child visitation and forces the non-custodial parent to seek alternative ways to maintain the parent-child relationship. For the non-custodial parent whose right has been denied there are mild, moderate and severe enforcements of the right to visitation.

* Mild enforcements are: filing a police report, modifying the visitation judgment to exactly specify the time and place of visitation, award make-up visitation and family therapy or mediation
* Moderate enforcements are: supervised visitation, having a third party responsible for overseeing visitation and award of attorney's fees
* Severe enforcements are: contempt proceedings, court permission to withhold child support, change of custody and suing the other parent for hindering visitation

The problems with enforcement is that most judges are unwilling to take the steps necessary to enforce a visitation order equally to a child support order. When Public Law 12 was passed in the 80s creating the Federal Commission of Child Support, as a part of the requirements to receive federal funding, the states were to set up programs for the enforcement of visitation orders. So far no state has done that. Missouri did pass RSMO 565.156 §5 in 1989, making it a Class D felony to violate court ordered visitation, but county prosecutors have flatly refused to enforce it.
565.156. 1. A person commits the crime of child abduction if he or she:
(5) Having legal custody of the child pursuant to a valid court order, removes, takes, detains, conceals or entices away that child within or without the state, without good cause, and with the intent to deprive the custody or visitation rights of another person, without obtaining written consent as is provided under section 452.377, RSMo.

2. Child abduction is a class D felony.
According to the US Dept. of Health & Human Services study, "Survey of Absent Parents" over 60% of mothers regularly violate the access rights of fathers. Further, they are successful in cutting off all contact between the children and their fathers within five years. Unlike child support, mothers are not jailed, even with multiple Contempt of Court rulings against them for violating the fathers' court ordered visitation rights.

The best defense is a good offense, to have a motion to change custody ready the moment a judge rules a parent in contempt of a visitation order.

see link
8 people found this useful
Thanks for the feedback!
In Custody

Can a child refuse visitation in Arkansas?

It's the parents job to see to that the court order is obeyed. A minor have no say in it until they are 18.
Thanks for the feedback!

Confronting Child Custody Questions

Child custody is an issue few parents take lightly. When the matter arises, it's important to know the role that each parent is expected to play. While no two cases will be ex (MORE)
In Custody

What age can a child refuse visitation in IL?

  18. Until that age if the parent has court-ordered visitation it has to be followed. If there is a valid reason (and it must be a very valid reason) the child does not w (MORE)
In Custody

What can you do if your ex wife refuses to allow you visitation of your child?

If you have an ex-wife then you have a case that is under the jurisdiction of family court. You have options depending on the details. If she is in contempt of a visitation or (MORE)
In Custody

Can you refuse visitation when no court orders in place?

It depends on the circumstance and the law of the state in which you reside. In Georgia, if you are the mother of a child born out of wedlock, you can refuse visitation and th (MORE)

Stepparent Adoption

Becoming a stepparent can involve a lot of adjustment for you, the child, and the child's biological parent. Once you grow close with your stepchild, however, you might decide (MORE)