Can a Child Refuse Visitation with a Parent?

Parents, along with their legal representatives, and a judge determine custody agreements. Sometimes the parents can figure out an arrangement together and other times the court has to develop the agreement for them. In either scenario, the custody agreement should always be made in the best interests of the child(ren). There are serious consequences for parents who do not cooperate with their custody agreements. But what happens if the child refuses to cooperate? 

How does the court consider what is the best interest of the child? 

There are many factors that come into play when considering the best of the child, and those can vary by state as well. Often judges are considering factors like: 

• Each parent’s living situation (dwelling, occupancy, location, etc.)

• The physical and mental health of each parent

• The parent’s ability to care for the child

• The needs of the child specific to their age and health

• Parental history around violence or addictions

• The willingness of each parent to create a positive co-parenting relationship

• The ability of the child to adjust to a new home, school, or location

While this is not everything a judge would consider, this is a starting point to establishing what is in the best interest of the child. 

What if a child has a preference for custody?

A judge is not bound to consider a child’s preference in custody agreements, but often they will consult the child depending on their age and maturity level. Judges are careful not to side with a child who just simply disagrees with one parent’s rule, but they are seeking to determine the best path forward for the child. 

Can a child refuse to take part in visitation? 

The short answer is no. If a child refuses to take part in a court ordered visitation arrangement this is considered a violation of the judgment. But it is highly unlikely that the police would come to someone’s home and force a child to spend time with a parent. The truth is that situation would likely do more harm than good. There are occasions when the custodial parent can be held liable for their child’s refusal leading to another hearing.

If your child is refusing to visit you as the non-custodial parent, you should speak with your family law attorney as soon as possible to determine the right course forward.