What to Do When Your Child Begs to Leave Your Ex’s Home
The ex-spouse gets parental time. Your ex-spouse’s child begs to be taken away from the house. You are a co-parent. You have a job to do as a co-parent. It is your responsibility as a co-parent to tell your child to remain with your ex-spouse. What to do when your child begs to leave your ex’s home?
Click here to watch the video on What to Do When Your Child Begs to Leave Your Ex’s Home
You’re going to tell your child to follow suit and continue living with your ex-spouse. When your child gets home, you’ll talk more. As a co-parent, it is your responsibility to support the parent’s relationship with the child. You are in charge of making sure parenting time runs smoothly, barring abuse. You need to support it. It has to be viewed positively. At the end of the day, the child will be more emotionally stable.
What are the reasons a child will refuse parenting time?
Your child’s and there’s a good chance this will be a teenage child’s can be obstinate. Your child can have good reasons to refuse parenting time with your ex-spouse. The following may be the causes of your child’s difficulty relating to your ex-spouse:
[ a ] Only one parent will let the child attend an activity or an event. This is despite the child’s desire to do so.
[ b ] Your child has never really gotten along with the co-parent.
[ c ] The child doesn’t get along with the other child from another relationship. The child can’t get along with the new partner of the other parent.
[ d ] The child’s school, classmates, and activities are far away from the other parent’s home. The child is subject to rigorous house rules established by the other parent.
[ e ] If you are badmouthing your ex in front of your child and this is the reason for what they are feeling. This can be a problem. This can be a case of parental alienation. Parental alienation is the act of disparaging your ex-spouse in front of your child. Parental alienation can be used against you later in court.
[ f ] The child may be holding the other parent responsible for the divorce. The child harbors hatred towards the parents.
There’s a good chance you won’t be able to force your child physically to do anything. If you have teenagers, you already are aware of this. Your justification will probably be accepted by the courts. You have made an effort to follow the court’s orders. You are powerless to make your child see the other parent because of their age and maturity. The law does not need you to drag or restrain your child to make them attend the visitation. Claiming that a child won’t see the other parent when they are 16 years old works well. A six-year-old will not sound as genuine.
Do you have an option not to do parenting time?
Parenting and the link between parents and children are crucial. They are protected by relevant family laws, state policies, and national policies. Parents cannot choose how much time they want to spend with their children during the day. To preserve as much family harmony as possible, it is enforced. Children under the age of 18 are unable to choose which parent they will live with on their own. Children who are the subject of a custody agreement cannot object to required visits. Both parents and children must abide by the regulations. The parent who has primary custody of the child must persuade the child to cooperate. Observe the parenting time guidelines.
A parenting time order is a judicial decree based on the 1970 Child Custody Act. It’s Act 91 of 1970. In particular, it is mentioned in Michigan Compiled Laws (MCL) 722.27a. Parental time is outlined in the MCL. This Act is upheld by the Michigan Supreme Court. Every county in Michigan has a family court where it operates. A Friend of the Court, or FOC, has been assigned to each County. These people help and facilitate the Family Court. The FOC looks into custody and visitation disagreements. Decisions regarding child support, parenting time, and custody are recommended by the FOC.
Parents commit to one another in a parenting time agreement. It is an agreement to provide their children with the time and space as specified by the court. This must be done in accordance with a court order. You cannot simply invent justifications for skipping parenting time. You cannot plan events and influence people to take away the other parent’s right to visitation. Parenting time cannot be altered or restricted without the judge’s approval. It is a requirement set by the court.
What will you do when your child begs to leave your ex’s home?
The truth is that you must “persuade” your child to go with the other parent if you want to follow the court’s order. Try some of the strategies that have been proven effective by other parents. Parents who also have to cope with a resistant child.
Find out more about the attitude’s root cause.
Find out the reasons why your child isn’t visiting the other parent. Most likely, your child is unaware of the repercussions of disregarding a court order. Find out more about how to handle parenting time refusal. Instead of just telling them to go, find out why they’re not willing to. Your child may consent to visits. They may if you express sympathy and compassion for their predicament.
Do not forget that you are an adult. As the parent, you are responsible.
Keep in mind you are the parent or co-parent. You, not your child, are the decision-makers in this situation. It’s likely that a soft, gentle approach won’t work. You are the greatest person to assess your child’s needs. Guilt can take over when you’re making your child do something they don’t want to. This is so true, especially after the stress of a custody battle and/or divorce.
Call the other parent and have a conversation.
When your child declines, get in touch with the other parent and ask the child to give them a reason. The child may cooperate more readily with the other parent. You won’t be accused of willfully disregarding court instructions. If you can email your conversation the better. Word of mouth is simpler to challenge in court than phone records and text messages.
Start making notes about all this defiance.
Record each occasion when your child declines a visit. To keep a list, ask your child the same question each time. You must have proof for both your own and your child’s claims. You may be charged in court with violating the court order by the other parent. It’s possible that the other parent will try to prove that you haven’t complied. This can be detrimental to your case later.
Make an effort to ensure that every pick-up and drop-off is stress-free.
Provide as much simplicity as you can for picking up and dropping off. Frequent arguments with your co-parent throughout transitions may have an impact. It may have an effect on your child’s unwillingness to attend visitation. Your co-parent may try to provoke you during custody changes. Keep your mouth shut and walk like the bigger person by doing your best. Make sure the luggage for your child is prepared. Everything else needed to be planned out far in advance. This is especially crucial if your child is leaving for a prolonged visit. Avoid anxiety-causing activities. It can be such moments as hurrying around the house and ignoring sentimental items.
Continue to encourage your child.
Promote trips continuously. Never give up after one refusal. Your child should be properly informed of your parenting schedule. Discuss it at times other than right before pick-ups and drop-offs.
There’s a common belief once children reach a certain age. They may decide which parent they want to spend the majority of their time with. The judge in Michigan will not even take the child’s preference into consideration. The judge won’t unless the judge determines the child has the capacity to establish a choice. Unless the child can express a reasonable preference for custody and visitation.
A child older than six is assumed to be able to express a reasonable custody preference by the judge. But that does not mean that every child in that age group can. This does not imply that judges will never take the views of younger children into account. Some children are mature above their years. Specific conditions may limit older children’s ability to develop a fair judgment.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.