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No. Visitation schedules set by a court are not optional. Court orders must be followed until they can be modified by returning to court and placing the issue before the judge. A custodial parent who doesn't honor the standing visitation order is in contempt of a court order and the court can order a modification of the custody order if the contempt continues. A child cannot refuse to visit the other parent until they reach eighteen years of age in virtually every state in the United States.
When a child refuses to visit the other parent the primary custodial parent must first take steps to determine the cause of the refusal. A professional may be of help at this time. The child may have legitimate reasons and once identified both parents must work together to address the problem. The non-custodial parent may need some advice on how to spend quality time with the child so the child feels both welcome and comfortable in the non-custodial parent's new environment.
This is a common mistake made by non-custodial parents. The child misses them and looks forward to spending time with them but that time comes and there is a stranger present. The child's comfort level plunges. Being forced to spend visitations with people other than the parent is not a good idea until the child has had a chance to adjust to the new family dynamics between the child and the parents. The dynamics of coping with the father's new partner should come much later.
Uncomfortable sleeping arrangements can make a child reluctant to go for visits. If there are other children in the picture (belonging to the non-custodial parent's new partner) they should be allowed to develop a relationshipgradually. A common problem arises for the child whose non-custodial parent makes no special notice of the child during visits and expects the child to spend their time with those other children as part of a new "family unit". In those situations the child has lost a special parent-child connection with the non-custodial parent. The option of spending some private quality time with their parent should always be an option.
If the child's concerns are serious and the non-custodial parent will not cooperate, the custodial parent may need to return to court for a modification of the visitation order. On the other hand, when the situation is evaluated by the court it may find that parent alienation is at the root of the difficulties and if serious, the custodial parent may well lose physical custody to the other parent. Alienating a child against the other parent causes irreparable and long lasting harm
What else can I help you with?
In Ohio can a 16-year-old choose to live with a grandparent?
Only if his or her parent(s) or primary custodial parent agrees to the living arrangements.
In Texas can a 16 year old child refuse to go with non custodial parent on court ordered weekends?
nosee link
Is it okay for a custodial parent to refuse their five year old child from flying to other parent with a flight attendant as a chaperone and also tell the child to say they will be scared and get lost?
Parental Alienation
If the custodial parent of 17 year old died does the non-custodial parent get the life insurance?
That depends on the policy.
In Texas can a 17-year-old on probation in the county where he and the custodial parent reside be sent to live with the non custodial parent?
Not arbitrarily. The custodial parent would have to receive permission from the court for the change in residence.
What if the child's custodial parent is gone for most of the year and the child wants to be with the non custodial parent?
Then the child should petition the court (or have the non-custodial parent petition the court, more likely) to modify the custody order. If the custodial parent is "gone for most of the year" and leaving the child in the care of someone else, the court will probably consider that a significant factor.
Is it illegal for a non custodial parent to take a 15 year old for a tattoo without permission from custodial parent?
Yes, if the state require consent from the legal guardian since the non-custodial parent is not the legal guardian. And yes, because the non-custoduial parent does not have the legal right to make that kind of decision for the child. The non-custodial parent could face sanctions from the court. The custodial parent could sue to have the non-custodial parent pay to have the tattoo removed.
If child lives with higher income parent who claims on taxes every year?
The parent who is considered the custodial parent.
In Indiana can a 16-year-old move in with a non custodial parent when the custodial parents refuses to let them?
No. The custodial parent has been assigned the responsibility for the child by the court. And until the minor reaches the age of 18, they live where their parent tells them to.
Does a 14 year old have to see non custodial parent if emotional abuse?
No you don't and if you custodial parent is making you, then you can bring it up with the court and they will put a stop to it.
If a custodial parent is not allowing reasonable liberalized rights of contact on a flexible schedule of a 9 year old what should the non custodial parent do?
see links
Can a 16 year old refuse to see parent for visitation in wisconsin?
Assuming the visitation is court ordered, then no. If there is a legitimate reason the minor does not want to spend time with the parent (ie they're a drug abuse), then the custodial parent needs to petition the court for a modification of the visitation order.
