Both parents and children have rights when it comes to visitation. But if a child doesn’t want to see a parent? Are they able to refuse? In some cases, if the court decides that this is in the best interest of the child, visitation can be denied until the child is older.
This article will explore whether or not there are any circumstances where a court would require an unwilling child to visit their parents. Speak with an Illinois parenting attorney regarding your specific situation today.
A child can refuse to visit a parent, but in many cases, the court may require that they do. The courts will not interfere with parental rights until there are serious reasons for doing so, such as abuse or neglect.
If one parent has primary parenting time rights, the other parent will likely have at least a visitation schedule under the parenting order. If a child does not want to visit the other parent, it is important to determine the reason. For example, is it due to superficial reasons, or is the child’s well-being at risk when they are visiting the other parent?
If you believe your child is suffering any type of harm with the other parent, call a custody lawyer immediately. However, if your child simply does not want to visit for other reasons, there are some important considerations.
If your child refuses to visit the other parent, you should consult with a family law attorney. A lawyer can help in dealing with any legal proceedings that may arise and might also be able to offer suggestions on how to mitigate this situation.
If the other parent feels that they are being denied their rights to visitation, they can file for court intervention to enforce the visitation order. In order to get this type of action approved by the judge, there needs to be evidence supporting the fact that the child has missed scheduled visits.
While the court will not sanction a child for missing visits, the judge can impose penalties for the parent who is not complying with the parenting arrangements, even if it is what the child wants. This means that the parent who spends the most time with the child might want to seek a modification of the parenting order. This could be based on the child’s changing wishes, changed schedules that make current visitation impractical, or situations that are potentially harming the child during visits. We can help you with this legal process, so you avoid penalties from the court whenever possible.
Do you have a concerning parenting situation and want to learn more about how we can help you and your family? If so, contact Dalmares & Associates directly for more information. An experienced Illinois parenting lawyer is ready to help you.
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