This can be tricky because a child may refuse visitation with a parent for a legitimate reason. We can help. If your ex has been intoxicated or abused drugs in front of your child, this … Whether it's the common cold, the chicken pox, or something else altogether, illness isn't considered a lawful reason to deny the visit. If Your TeenAger Refuses Visitation With Their Dad When Children of Divorce Become Teens Whether you are a divorced parent or not, here is the reality of raising children, the older they become, the less interested they are in spending time with you. Often refusing visitation can lead to fines, jail time, and sometimes even loss of custody of the children. The parent who has the children states that the governor’s order takes precedence over the court orders in the case. If parents present a united front, it may be fairly easy for a child to understand and appreciate the benefits of having two homes. The denial of child visitation rights are most commonly thought of as situations in which a custodial parent blatantly refuses to allow the non-custodial parent to see the child. They may also feel jealous or uneasy thinking of the children developing a relationship with that person. Visitation Basics. It lays out the single overriding concern for every aspectof parenting time: Best interests of the child Under § 20-124.3(8), the court recognizes “the reasonable preference of the child, if the court deems the child to be of reasonabl…   Anytime children refuse to participate in a planned visit with their other parent, you should: Can an 11-year-old, or an eight-year-old, or any minor, refuse visitation? By using LiveAbout, you accept our. There's bitterness and hostility felt toward the ex. When the non-custodial parent becomes romantically involved with another person, the sting felt by the custodial parent is twofold: there's the hurt that comes with knowing the ex has moved on, and there's feelings of jealously and apprehension surrounding the significant other's relationship with the child. The custodial parent can face legal repercussions including fine, jail time, and loss of custody. There's resentment toward the ex's significant other. Simply not liking how the other parent spends their visitation time is not considered a legitimate reason to revoke a parent's right to visitation. LiveAbout uses cookies to provide you with a great user experience. The content on these pages is general in nature and is not intended to be and is not considered to be legal advice. This is not in the best interest of the children. A custodial parent is a parent that the children live with while a non-custodial parent is a parent that the children have visitations with. However, as long as the children are not in danger, these are not reasons to refuse visitation. 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. Neither situation is grounds to refuse visitation. ***, Tips to Help You Survive While Living in the Same Home with an Ex-partner, Checklist: What to Do After Your Divorce is Final, Not the Right Reasons to Refuse Visitation. It's the responsibility of the custodial parent to ensure that the child's schedule is structured around the visits. There's bitterness and hostility felt toward the ex. You cannot allow the child to refuse visitation under § 20-108, or you can allow changes to visitation under § 20-124.3? Custodial parents need to be aware of wrong reasons to refuse visitation to a non-custodial parent who has been granted visitation rights in a court order. Alcohol/Substance Abuse. 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. Custodial parents need to be aware of wrong reasons to refuse visitation to a non-custodial parent who has been granted visitation rights in a court order. Visitation rights aren't contingent upon timely child support payments, so even if the ex isn't current on the payments, he or she still has the right to see the child. After the separation or divorce, it may be tempting for a parent to try to use their child as leverage to get back at an ex-partner or ex-spouse who has caused them to suffer.

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