Admin Table of Contents
What age can a child decide to not see parent?
What age can a child decide not to visit a non-custodial parent in California? A child must be over the age of 16 to refuse to visit a noncustodial parent.
Can a father stop a mother from seeing her child?
Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child’s welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. The best option for your child is always a harmonious out-of-court agreement.
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 16 year old choose which parent to live with?
Most states do not specify an age at which a child can choose which parent he or she lives with after a divorce. Instead, the majority of states allows a judge to consider a child’s reasonable preferences for living arrangements when making custody decisions.
What do you do when your child doesn’t want to see their dad?
Encouraging Visitation
- Remember your role as a parent. Keep in mind that you are the one calling the shots, not your child.
- Talk to your child about why they don’t want to go.
- Get your co-parent involved.
- Make parenting time transitions as smooth as possible.
Can I stop my sons dad from seeing him?
A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.
Does a father have rights to see his child?
The Family Law Act of 1975 states that “a child has a right to be known and cared for by both parents.” The only exceptions to fathers’ rights to see their child is if the court has ordered the father to stay away for the safety of the child, for instance, in defilement or domestic violence cases.
What happens if a child refuses to see a parent?
If there is a Child Arrangements Order (or other order) in place, the Court will expect contact to happen. However, if your child refuses, the non-resident parent could apply to the Court and the resident parent could be held in contempt of Court.
What happens if a child refuses to go with the other parent?
A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.
Can a 16 year old make their own decisions?
Beyond just legal emancipation, minors may seek the freedom to make medical decisions on their own. In California, as long as a child is 15 years of age, does not live with his parents and manages his own finances, he is eligible to make his own medical decisions.
Can a child refuse to visit the non custodial parent?
You do have to physically take the child to the place of handover as ordered by the Court. If the child says they do not want to go, you have a positive obligation to encourage the child to spend time with the other parent.
What access is a father entitled to?
The law states that parents are entitled to “reasonable access” to their children. Unfortunately, there is no one-size-fits-all approach to this — every family is unique and what is reasonable for one family will seem extraordinary to another.