What if a Child Doesn’t Want to Visit a Parent After Divorce?

Divorce can be difficult for children, but the goal when most marriages end is to ensure that kids are still able to build relationships with both of their parents.  Whenever it is possible for parents to come to an agreement on dividing parenting time, they are encouraged to do so without asking the court to split custody for them. If parents are not able to come to an agreement on time-sharing and co-parenting, then they can litigate the issue of custody and a judge will make a determination on what is in a child’s best interests. 

When a child doesn’t want to visit a parent after divorce, the child’s preferences may be considered by the parent(s) or by the judge. However, a child’s desires are not necessarily controlling in all cases. If your child is concerned about visiting his or her other parent and you want to try to argue for sole custody to protect your kid from an unpleasant situation, an Irvine divorce lawyer can help.  Brown & Charbonneau, LLP has extensive experience in divorce and custody cases and we can provide guidance and advice on how to make a compelling custody argument.

What if a Child Doesn’t Want to Visit a Parent After Divorce?

If a child doesn’t want to visit a parent after divorce and both parents agree it is best not to make the child do so, then the parents can come to a custody arrangement in which the other parent has sole custody and no visitation is guaranteed. These types of situations are unusual, however. Neither parent typically wants to fully give up custody rights entirely. The parents may decide together on a custody agreement in which the child does end up having to visit the other parent. In some cases, this may actually be best for the child if there is no legitimate safety issue or reason the child doesn’t want to see the other parent.

If parents do not agree and a judge makes a decision, then the judge may consider the child’s wishes when a child doesn’t want to visit a parent after divorce. However, the judge only takes the child’s opinion into account if the child is old enough to make an informed decision and even then, the judge also considers other factors as well.

Sole custody situations in which a parent gets no visitation are generally rare, unless there is abuse or neglect. The court will thus consider the reason why the child doesn’t want to visit a parent after divorce in order to create a reasonable custody arrangement.

If a custody agreement is already in effect, you will need to abide by it even if your child doesn’t want to visit a parent after divorce and the agreement requires him or her to. If there is a legitimate reason the child feels uncomfortable with the visits, the other parent can petition for a modification to the custody order and will need to present a compelling reason to make a change.

Brown & Charbonneau, LLP can advise you of your rights and options when a child doesn’t want to visit a parent after divorce. Contact our Irvine family law attorneys today for help in getting a custody arrangement that is right for your family.