What to Do If Your Child Refuses Visitation

Visitation Refusal by Your Child

Having a child refuse visitation can cause distress to a parent. Here’s what you can do when a child refuses visitation.

The visitation agreement made by co-parents is essential to follow. The agreement recognizes the best interests of the child and the support each parent provides. Any violation of the visitation agreement by either parent or child will result in legal action.

Best Interest of The Child

Child visitation statutes often reference the best interest of the child. A list of factors is considered by the court to include the child’s well being are:

The emotional ties each parent has to the child
The financial support each parent provides
The ability of each parent to maintain a safe, stable, and nurturing home environment.

The court must also avoid disturbing the child’s education and social support structure when determining visitation. The child’s expressed desires are taken into account from the moment they are taken into court but are not determinative.

Refusing Visitation

Any of the following are valid reasons for keeping the child from visiting the other parent:

Alcohol or drug abuse
Emotional, physical, or sexual abuse of the child
Parental incarceration, and/or
Concern for the safety of the child

Inconvenience or not receiving child support are not valid reasons for withholding visitation to the other parent. Parents who withhold visitation could face charges of contempt to punish them for interfering with the court’s ruling of visitation.

Implications of a Child Refusing Visitation

The primary care parent must follow the visitation order until the child turns eighteen. A parent must consult their attorney to seek help from the court if a valid reason for limiting visitation arises. The primary care parent could be charged with up to thirty days in jail or another punishment if they discourage their child from visiting their other parent.

Handling the Situation

First, a parent should find the reason behind the child’s refusal of visitation. In the beginning it is best to understand the child and their feelings.
After learning why the child has refused visiting the other parent, document the experience, including the date and the reason given by the child. The documentation may be helpful when going before a judge to explain why the primary parent is not following the visitation order.
For co-parenting to be successful, there must be communication between both parents. Time and money spent going to court can be saved by explaining to the other parent the reason the child is not cooperating with the visitation order.

FAQs About What To Do If Your Child Refuses Visitation

What do I do if I’m concerned about the safety of my child when they are with their other parent?

Concern over the safety of a child is a valid reason for refusing visitation. It is best to get advised by an attorney and seek help from the court.

Can my child change the days of visitation?

The primary parent may petition the court to alter the visitation agreement when the visitation schedule does not work with the schedule of the child.

Contact Us

If you or a loved one would like to learn more about what to do if your child refuses visitation, get your free consultation with one of our child custody attorneys in California today!