Can my 12-year-old son refuse visitation?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.
If there is a visitation order in place requiring a child to spend time with a parent and the visitation is not occurring because the child does not want to see that parent, the parent whose visitation is not occurring may be able to file an action against the parent with placement because a court order is being violated.
In Wisconsin, where I practice law, this is done with a Motion to Enforce Placement. The court then holds a hearing to determine whether the parent with placement is willfully violating a court order by withholding placement, or whether there is a legitimate reason why placement did not occur.
In most states, although a child’s wishes must be taken into consideration when making determinations about custody and placement/visitation, the child does not get the final say in who he or she lives with. You will want to meet with a local domestic litigation attorney to see what the law is in your state and if you are not getting the visitation you are court ordered to have, what you can do about it.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.