Can A Child Refuse To Live With Custodial Parent?

What happens if a child refuses to return to the custodial parent?

When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position.

The custodial parent then is threatened with incarceration or a change in primary custody unless they physically force the defiant child to follow the custody schedule..

What happens if a child doesn’t want to live with either parent?

Talk with a Legal Representative In addition, your child may be able to tell the court that he/she doesn’t want to live with you, but that doesn’t mean the court will rule in his/her favor. Instead, your child’s wishes will simply be recorded, but no change will be done in a legal setting.

What age can a child say who they want to live with?

18A child can decide who she wants to live with at 18. Prior to that, the court makes orders. Children can express their wishes, but the court is under no obligation to follow their requests. Most courts, however, will not force a child to see one parent.

At what age can a child decide if they want to visit the other parent?

Generally though, the older your child is the more emphasis the court can place on their wishes and feelings. At the age of 10 or 11 for example, a child’s wishes may be considered by a court but would not be the determining factor in any decision.

Can an 8 year old choose which parent to live with?

no, she cannot choose and have it be the way she wants. she may express an opinion to her guardian ad litem if there is one, but the child is not in charge.

Which parent should a child live with?

The most important consideration of the Court is the welfare of the Children and this is considered above all else. Traditionally, courts have tended to favour children living with the mother as it was usually the case that the mothers assumed the role of the ‘primary carer’ and fathers were seen as the ‘breadwinners’.

What happens when a child wants to live with the other parent?

The older the child, the more likely the child’s stated preferences will be considered by the presiding custody judge. … In some child custody courts, children are allowed to complete an Affidavit of Preference and sign.

Can a child refuse to go with a parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

Can a 14 year old choose not to see a parent?

Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.

Should you force a child to visit a parent?

This helps the other parent understand the situation and places some obligation on their part to facilitate visits. You shouldn’t have to force a child to attend a visit. If you have concerns that your child is being abused or harmed by the other parent, then you should contact your attorney immediately.

Does a 15 year old have a say in custody?

No, children don’t get to unilaterally decide custody matters for themselves. … Judges know that parents can’t /really/ “control” a child at that age. Children involved in a custody case can request that an attorney be appointed to represent them.

Can an 11 year old choose which parent to live with?

It is absolutely wrong to assume or tell a child that they get to decide where he or she will live once they turn 12 years old. Once your child turns 18 and is a legal adult, then a custody order does not apply and they can decide where to live. The closer your child gets to age 18, the more he or she has a say.