Can A Child Refuse Visitation With Another Parent?

Noblesville Indiana Divorce LawyerQuestion:

My ex-wife says my child wants to refuse visitation with me. Every time I talk to my kid she seems to want to come over during my parenting time, but my ex always says she is lying.

If it turns out to be true that my child does not want to see me during visitation do I have legal standing to force her to be with me during my scheduled parenting time?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.

Most states have adopted parenting time guidelines to guide parents in resolving parenting time problems without the need to involve the courts for each issue that arises.

Where I practice, the guidelines state, “Parenting time is both a right and a responsibility, and scheduled parenting time shall occur as planned. If a child is reluctant to participate in parenting time, each parent shall be responsible to ensure the child complies with the scheduled parenting time. In no event shall a child be allowed to make the decision on whether scheduled parenting time takes place.”

As such, it would be the responsibility of both yourself and the child’s mother to ensure the child complies with the scheduled parenting time. You should determine whether your state has similar guidelines to guide parents in dealing with parenting time issues.

Divorce Resources:

State Child Custody Laws

If not, you may have to request that the court order that parenting time take place as in the prior order and that the parties require the children to participate in the ordered parenting time.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.

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One comment on “Can A Child Refuse Visitation With Another Parent?

    Similar when I was a child
    I was reluctant to go with my father as I grew older. I didn’t like him very much, but my mother made me go, and told me to be respectful. He was my father, and I should be happy he wanted to spend time with me when so many other dads didn’t spend time with their kids.

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