When a visitation schedule is set by a court order, following these orders should be pretty straight-forward…right? Well, not always. When a child no longer wants to attend a visitation with another parent, this can complicate matters significantly. By having a better understanding of why these issues arise and what your legal responsibilities are, you can handle this difficult situation properly.
Common Reasons for Visitation Hesitation
When a child seems hesitant or downright refuses to attend visitation with the other parent, the first step you’ll want to take is to determine why this is occurring. This is especially important is the hesitation seems to have come out of nowhere.
Some of the most common reasons that a child may not want to attend visitation include:
- a poor relationship with the other parent’s partner/spouse or other children in the household
- general resentment over a divorce or separation
- a poor relationship with the other parent
- a change in household rules or rituals that the child is uncomfortable with
Some less common (but more serious) reasons a child may be hesitant about visitation include:
- substance abuse in the other home
- physical/emotional abuse in the other home
- sexual misconduct in the other home
Do You Have to Make Your Child Attend Visitation?
Unless you have a legal reason to withhold your child’s visitation from the other parent (such as evidence/claims of abuse or misconduct), it is generally your legal responsibility to follow your court-ordered parenting plan as closely as possible. This remains true even if the other parent is behind on child support payments.
If you suspect that your child simply doesn’t want to visit with the other parent due to other circumstances (like not wanting to be away from friends or having to conform to a different set of “house rules”), there are some strategies you can employ. The best course of action is usually to speak with the other parent and come up with a plan that will make everybody happier and more comfortable.
If visitation continues to be an issue, however, you can go back to court and request a re-working of the visitation plan. Before you do this, though, you’ll want to make sure the other parent is aware of the issues and that you have made an honest attempt to work through them. You’ll also want to start carefully documenting each instance where your child refuses or is hesitant to visit the other parent, as this documentation may come in handy in court.
Consult With a Family Lawyer for More Help
If you’re running into issues with your court-ordered visitation schedule, it can also be helpful to consult with a family lawyer who specializes in these types of cases. An experienced lawyer will be able to provide you with the personalized guidance and legal advice you need to move forward and challenge your current visitation arrangement in court if needed.
Ready to schedule your free consultation with our legal team? The Sampair Group is always here to assist you. Contact us today to find out more about what we can do for you.