Visitation is designed to benefit the child, not the child’s parents. Parenting plans or custody orders will stay in place until a child reaches 18, is emancipated, or the order is modified. Numerous factors are taken in consideration when a visitation arrangement is being made in Arizona. Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. In the majority of states including Ohio teens under the age of 18 cannot legally make the decision themselves whether or not to see their parents. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable. Avoiding Contempt When a Child Refuses to Visit with a Parent . There’s not a set age at which a child can refuse visitation. In Alberta, at what age can a child legally refuse to see the other parent. It's a common child custody myth that once children reach a certain age, they are perfectly within their rights to decide to limit their time with or to not see a parent. The intentional withholding of visitation of a child from the other parent without just cause may constitute a material change of circumstances justifying a change of custody in the discretion of the court. However, the refusal can simply stem from the child's resistance to the change. While the courts will give a child's wishes more consideration as she grows older, someone younger than 18 can't refuse to visit her noncustodial parent. My son is twelve years old and is refusing to go on his scheduled visits with his father. What Age Can a Child Refuse Visitation in Washington? They can choose where they want to go. You cannot allow the child to refuse visitation under § 20-108, or you can allow changes to visitation under § 20-124.3? This refusal may result from alienation, anger, and sometimes fear. In most instances, the two parents will reach an agreement that benefits everyone, especially the kids. This is false. The child refuses the visit. In Kentucky, what age can a child refuse to go on visitation with non-custodial parent? Visitation rights enable a non-custodial parent to spend time with their children. Age Children Can Refuse Visitation in Colorado To answer this simply, Colorado custody laws state: “There is no magical or statutory age at which kids get to decide as to custody or visitation.” Additionally, many courts allow kids more autonomy starting at the age of 14. There is no custody agreement and/or any d … read more Can a Child Refuse Visitation in Arizona and at What Age? A parent should not act on a child's initial impulse; instead, the parents should communicate about possible causes of the child's refusal to visit. Custodial parents face a difficult issue when a minor child refuses to visit with the other parent. The situation is increasingly problematic as the child approaches the age of majority (18 years old). Unless visitation would risk physical or mental harm to the child, the courts won't allow her to refuse visitation without consequences for the custodial parent. Children not wanting to spend time with their other parent can put the custodial parent in a precarious catch 22. I like to tell the parent I am meeting with “there is a magic age when your child can choose, and that age is 18.” This usually gets a chuckle. They can choose where they want to go. Godard v Godard, 2015 ONCA 568Shared custody or access arrangements involving pre-teens can be a challenge when the child insists that they do not want to see the other parent. (He has visits every other weekend according to our divorce decree). Hi, my name is Daphna Schwartz and I am a lawyer with Feldstein Family Law Group. We were never married and lived together for six months after the child was born. 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