If parents aren’t able to agree, a judge will make a visitation and custody order based on the child’s best interests. Whether you’ve divorced or you’re legally separated, if you’re a parent you need a custody order.Parents can work out their own arrangements regarding custody and visitation with a judge’s approval. Question: At what age can a minor child refuse visitation with a parent? A 14 year old is refusing to visit his non-custodial father due to physical and verbal abuse occuring during the visits. Age of Child and Custody – One of the most common questions parents ask is at what age can their children choose the custody and access arrangements. A child in the United States is able to testify in court at the age of 13 (or there about) and can choose not to see a parent. A child cannot say no to visitation. Otherwise if there is a problem you should seek a modification of the current court order. At What Age Can a Child Refuse Visitation in California? The older they are, the more value their opinion has, but the courts are never obligated to simply follow the wishes of the child. I know my best bet here would be cooperation from the ex. Under state of Pennsylvania law, it is not generally possible for any other interested party other than those specified to be granted child visitation rights. State law determines the age at which a child can seek emancipation. Lv 6. Many clients ask me whether there is an age can a child have to be to refuse visitation. In rare cases this may be overruled by the court. 0 0. az_mommma. Age that child can refuse visitation. The judge will speak to the child and take into consideration their feelings and then will decide if it's in the best interest of the child. The court will always hear what the child has to say regarding the visitation and custody. Since the Family Law Act came into effect in 1975, there has been no hard and fast rule. There’s not a set age at which a child can refuse visitation. Your entry can explain the incident and document what the change in plans will be such as where your child will be spending that time instead of attending the scheduled visitation. The judge may also choose to talk to the child in the absence of parents. 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. Since emancipation makes the child a legal adult, an emancipated minor can refuse contact with his divorced parents. My youngest child, age 12, desires to live with me. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child. My issue with visitation is more about protection of my rights as a non-custodial parent. A parent may also be asking themselves, "At what age can a child decide if they want to visit the other parent?" 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. Under South Carolina’s family laws, there is no set age at which a child can refuse to go visit with the other parent. You could also ask your school Counsellor or Advisor , too. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. However, the refusal can simply stem from the child's resistance to the change. It can be kept private for your own records or shared with your co-parent, your attorney, or anyone else you are working with on OFW. 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. Answer (1 of 2): If you can get online to ask the question, you can call the local Court Clerk of your Courthouse and ask them, (maybe family Court). The Family Court now looks at a number of factors in deciding with which parent a child shall live. A child can refuse visitation with a parent that does not have custodial rights at any age, although the outcome of this does depend on age and whether their request is honored is usually dependent on the judge in court. Until 1974, children had ‘the right’ to choose which parent they lived with at age 14. Most judges understand that once a child reaches their teenage years, it may become more difficult to force them to visit with a noncustodial parent against their will. A judge will enforce visitation orders or even hold a parent in contempt if that parent is preventing visits between the child and the other parent. In the past I have been advised that if I do not force him to visit I will be held in contempt of court. Visitation is designed to benefit the child, not the child’s parents. If the information is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button. When he is an adult he can say no, which is age 18. Making Visitation Easier On the Children – Here are some ways to try and ease the visitation process and make it a little less painful for the kids. Can other interested parties or relatives be granted visitation rights to a child in Pennsylvania? In fact, there are those who feel that even asking a child to choose between one parent and the other, regardless of their age, is tantamount to child abuse. So at what age can a child refuse visitation?. The court will consider the desires of a child at all ages. If you just don't want to see the parent,or are afraid of them, , you could request that another person go with you(an adult, from the Courthouse.) However, the child also takes on the responsibility to support himself financially. The child refuses the visit. This idea that a child can choose is misinformation. Under South Carolina law, legal provisions do exist to grant child visitation rights to step-parents under certain circumstances, so visitation can be readily applied for. At What Age Can a Child Refuse Visitation in Arizona? Age 12 is when a child's opinion can be taken into consideration though. Re: What age can a child say no to visitation. 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. A lot of judges feel this way as well. This can be tricky because a child may refuse visitation with a parent for a legitimate reason. How Old Does a Child Have to be to Refuse Visitation in South Carolina? Welcome to JustAnswer, I shall be providing you with information in response to your question. An attorney I spoke to said that "all things being equal" there is a chance of getting a custody change before the child reaches age 14, albeit slim. For example, a parent who is not awarded sole or joint physical custody of his or her child still wants to be an important part of the child’s life and spend as much time with that child as possible. In California, either parent can have custody of the children, or the parents can share custody. The child can't refuse visitation unless it is court ordered. It is possible for a child to refuse a visitation … In California, 18. Your entry can explain the incident and document what the change in plans will be such as where your child will be spending that time instead of attending the scheduled visitation. It can be kept private for your own records or shared with your co-parent, your lawyer, or anyone else you are working with on OFW. 10 or 12-year-old child is entitled to have their feelings heard and given weight in legal proceedings about custody and visitations. In Mississippi, “visitation” is the time a child spends with a noncustodial parent and is a very important subject for many parents involved in divorce or custody cases. Family court judges throughout the state of Arizona give strong consideration to each child’s preference when making important decisions about parenting time and visitation rights. Visitation Basics. A child in the state of Alabama can not opt out of visitation with the non custodial parent until the age of 18. My child is not wanting to go to his mother’s house for parenting time. 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