What Happens When a Child Refuses Visitation?

In Florida, when parents get a divorce, child custody and visitation arrangements, also called timesharing, are determined with the child’s best interests in mind. Whether developed by the parents or the court, parenting agreements must account for the best interests of the child. A court-ordered parenting plan is legally binding, and all involved parties must adhere to it. However, sometimes, children refuse to comply with the parenting plan. Such a scenario can be challenging. It is vital that you, as a parent, understand your legal obligations in a situation where your child refuses to see the other parent and what can happen if you fail to meet those obligations.

Understanding Time-Sharing in Florida

Timesharing refers to the time each parent spends with their child following a divorce. In Florida, parents are allowed to develop a parenting plan that specifies how timesharing will be allocated. If reaching an agreement is impossible, the court will step in and establish a plan on behalf of the parents. The timesharing schedule outlined in the parenting plan is legally binding, and both parents are required to adhere to the court-ordered arrangement.

However, sometimes, as children grow older, they may refuse to comply with the court-ordered visitation schedule. When a child refuses visitation, it may create a complicated co-parenting situation. In such a situation, it is vital to note that while a child’s wishes may be taken into consideration, they don’t have the final say in the matter.

Addressing a Child’s Refusal to Comply With a Visitation Schedule

A child may refuse to comply with the visitation terms for a variety of reasons. It is up to the parents to uncover the reasons behind the refusal. The following are some of the reasons a child may refuse visitation;

• The visitation disrupts the child’s routine
• The other parent has stricter rules
• The child does not get along with the other parent or their new partner
• The child blames the other parent for the divorce
• Moving between households causes the child anxiety

In some cases, one parent may be causing their child to refuse visitation with the other parent. In such a case, the non-custodial parent should contact an attorney. Other times, a child may refuse visitation because of abuse. In such a case, it is crucial to involve the relevant authorities.

If there is no abuse and a child refuses visitation with a parent, the custodial parent is required to take steps to ensure their child sees their other parent. If your child refuses to see their other parent and you fail to encourage them to comply with the visitation terms, the other parent can petition the court to force compliance. That could result in several things, including the following;

• You being held in contempt of court
• The other parent being awarded more visitation
• You being asked to attend a parenting class
• The court awarding makeup visitation

Contact Us for Legal Help

If your child is refusing to comply with a visitation schedule, speak to a qualified Orlando child custody lawyer at the Arwani Law Firm for legal guidance.

Source:

law.cornell.edu/wex/best_interests_(of_the_child)