Can a teenager choose not to see a parent even if they have joint custody? The matter of custody and parenting time has been decided by the court already. You have complete control over how parenting time is allocated to young children. Teenagers might favor hanging out with their friends.
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The parent with whom parenting time is scheduled must receive the adolescent. The parent or the adolescent is not given the choice. You can be imaginative and invite your adolescent child’s friends over so you can all hang out. Your co-parent can choose not to support your teen’s involvement in parenting time. Make a phone call to your attorney. A motion must be submitted. The motion will either alter parenting time or require your co-parent to press your adolescent child’s compliance.
Why is my teenage child choosing not to see my ex-spouse?
Your teenage child’s obstinacy in refusing to go with the other parent could have a good cause. The most likely reasons why your child is having trouble interacting with your ex-spouse are as follows:
[ a ] Only one parent will let the child attend an event, despite the child’s desire to do so.
[ b ] The other parent and your child have never truly gotten along.
[ c ] The child is not friendly with the other child from a previous relationship. This may also be the case with the new partner of the other parent.
[ d ] The child’s school, classmates, and extracurricular activities are far. It is too far from where the other parent resides.
[ e ] The child doesn’t want to abide by the strict house rules set by the other parent.
[ f ] The child carries ill will toward the other parent and holds them accountable for the divorce. You are disparaging your ex-spouse. This can be the reason why your child feels upset. Parental alienation is disparaging your ex in front of your children. Parental alienation can be used as evidence against you in court.
You can support your child’s decision not to go with the other parents. The following are legally sound reasons for doing so:
[ a ] The other parent is behind bars or in prison.
[ b ] The parent has a substance use disorder (SUD) or abuses drugs.
[ c ] The child is a victim of either verbal or physical abuse from the other parent.
[ d ] Sexual impropriety is like exposing a child to highly provocative sexual behavior.
[ e ] The possibility of parental kidnapping or a history of it.
Parents can worry about their child’s behavior. Expect parents to err on the side of caution when the risk of abuse is apparent. No one can suggest that you return your child to the custody of the other parent. Especially if they admit to having been physically abused. Or worse, sexually assaulted, or subjected to other forms of abuse. You should ask the court for supervised parenting time or denial of visitation.
Can my teenage child choose not to see my ex-spouse even with joint custody?
Our children can grow up really quickly. Divorce and child custody disputes won’t deter them. Parenting time and visitation are governed by court orders. These must be understood by children as well because they are necessary obligations. The bond between parents and children promotes a child’s social development. It supports their intellectual, and physical development. Every parent and child should cherish and cultivate this special relationship.
Children under the age of 18 cannot make a unilateral decision about whose parent they will live with. A child cannot decline visitation that is mandated under a custody arrangement. Parents and children must adhere to the rules. It is the primary physical custodial parent’s job to convince a defiant teenager.
The judge can take into account a factor when deciding on child custody or parenting time. The judge can consider the child’s preference. Your child, particularly a teen, wants to spend more time with the other parent. Talking to a child custody attorney may be beneficial. It can help you work with your teenager.
The judge will interview the teenager. Listen to the reasons for favoring one parent over the other or for refusing to visit one parent. The parent the teenager refuses to see has a lifestyle that is inappropriate for the child. This could be a case of persistent criminal behavior in that parent’s house. It could be illicit drugs or physical violence. The refusal will probably be justifiable in the judge’s eyes.
The judge cannot be sympathetic to a teenager who refuses to visit a parent’s home. Especially if it is because the parent insists the teen do his homework. Allowing mature feedback from your teen serves the aim of giving the child a voice. It is not for pitting the parents against one another.
The matter should return to court if a teen refuses to follow a custody order that is already in place. The custodial parent should stick to the schedule. Maintain the parenting time until the court rules on the motion to modify the custody and parenting time schedule. Unless the child is at risk.
What do I do to make my teenage child choose to go to my ex-spouse?
Persuade your child to go with the other parent to follow the court’s order. Put in place strategies proven successful with other parents. Parents like you who have to cope with a resistant teenager.
Call your co-parent and have a conversation.
When your child declines, call the other parent and try to get the child to give the other parent an explanation. The child can probably cooperate more readily with the other parent. You won’t be accused of disregarding court orders. Word of mouth, as opposed to phone records and text messages, is easier to refute in court.
Remember that you are an adult and a parent in this situation.
Never forget that you are the parent. Here, you make the decisions, not your child. A soft, compassionate approach could not work in this situation. You are the most qualified person to assess your child’s underlying needs. You can feel guilty about making your child do something they don’t want to. Especially in the wake of the stress of a custody battle and/or divorce.
Learn more about the cause of the attitude.
Determine what is driving the refusal to visit the other parent. Your child probably doesn’t understand the consequences of disobeying a court order. Ask them why they aren’t going instead of just telling them to go. You’ll learn more about how to handle the refusal. Show compassion and sympathy for your teenager’s situation. Your child can agree to the visitation time.
Ensure that every pick-up and drop-off is stress-free.
Make picking up and dropping off as straightforward as you can. Arguments with your ex-spouse transitions can have an impact. It can trigger your child’s reluctance to go for visitation. Your ex-spouse can try to provoke you during custody changes. Do your best to keep your lips shut and carry yourself like the bigger person. Make sure your child’s suitcase is packed. Ensure all other arrangements have been done well in advance. Anxiety may be brought on by actions that can be prevented. Actions like hurrying around the house and ignoring your child’s sentimental items.
Continue to encourage your teenager.
Promote trips continuously. Never give up after one denial. The parenting schedule should be discussed with your child. Do it at intervals other than right before pick-ups and drop-offs. Choose more relaxed moments to talk about parenting time.
Start making notes about all this defiant attitude.
Record each occasion when your teenager declines a visit. To keep a list, ask your teenager the same question each time. You must have evidence to support your claims and those of your child. The other parent has the right to accuse you of breaking the court order. The other parent might attempt to show that you haven’t complied. It can be detrimental to your custody case.
The judge must decide whether the child has communicated a choice that is reasonable. The judge needs to confirm if the child is capable of making a reasonable decision. on decisions about custody and visitation. This doesn’t mean the child needs to give a detailed explanation for the decision. It only means it isn’t driven by irrational or insignificant reasons.
Children do not have the ability to decline visitation. Visitation is mandated by a custody order until they turn 18. Until they are declared to be emancipated. Parents and children must adhere to the rules. It is the primary physical custodial parent’s duty. The custodial parent must convince a rebellious child to take part in visitation.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.