Can a child refuse visitation in Texas? Family dynamics are complicated, and can be even more so after a divorce. Depending on the nature of the relationship, children may not want to visit their other parent. However, a child is not legally allowed to refuse visitation in Texas. It is up to parents to ensure that the child visits their other parent. At Albin Oldner Law, our Frisco divorce attorneys can help you navigate these situations and find helpful solutions to improve the situation between your child and their other parent.
Understanding a child’s rights regarding visitation
Child custody and visitation are approved or determined by the court under Texas Family Code §152. Texas law also states that a child is considered any individual under the age of 18. Because children cannot make legal decisions for themselves, they are not allowed to violate the terms of the custody agreement. Only once a child turns 18 can they choose to discontinue visitation with the other parent.
During custody negotiations, Texas courts will take into consideration a child’s preference of who they want to live with if they are 12 years of age or older. This helps determine the best interests of the child and helps reduce the chance that they will refuse visitation. However, it is important to be aware that a child’s preferences may not be the deciding factor for the parenting schedule.
Parents must enforce visitation even if a child refuses
Parents are responsible for carrying out the terms of the custody agreement. If a parent fails to enforce their child’s visitation, even when the child refuses, then the parent could face legal consequences for violating the court order.
The other parent who has been denied visitation could file a Suit Affecting the Parent-Child Relationship (SAPCR) to make sure the court order is enforced according to Texas Family Code §157. The parent who fails to enforce visitation could be held in contempt of court, be fined, serve jail time, or be required to make up visitation. To avoid these situations, you should consult your family law attorney about alternative options.
Why children may refuse visitation in Texas
A child’s refusal to visit a parent can happen for many reasons, especially among older children. They may feel unsafe at the parents’ home, experience parental alienation, prefer the custodial parent’s home, or struggle with changing family dynamics after divorce.
The relationship with a child who refuses to see a parent can be very complicated and requires extra care and support from parents. Parents should talk with their children to understand why a child does not want to see their other parent. They should also explain why following the court’s visitation order is necessary, even as they work toward a better long-term solution.
Steps to take when a child refuses visitation in Texas
When a child refuses to see their other parent, the custodial parent must still make a reasonable effort to comply with court-ordered visitation. Parents can explore additional solutions with the help of their attorneys to avoid violating the custody agreement.
When the custodial parent maintains that a child refuses to see a parent, they should first speak with their attorney and the other parent to understand the reasons behind the refusal.
Depending on the nature of the relationship between the child and parents, other options may include family counseling or mediation to find solutions that may help the situation while also upholding the existing visitation schedule. If necessary, parents could also consider petitioning the court for a custody modification order to better protect the child’s best interests. This option can be especially beneficial if a child’s safety is threatened.
Your lawyer can provide clarity on what options may be effective for your situation and how to move forward to improve your family’s circumstances. Remember, co-parenting requires both parents to cooperate and make decisions that serve the child’s best interests while respecting the existing court order.
Schedule a consultation with Albin Oldner Law today
Albin Oldner Law can help you and your family when your child refuses to visit their other parent. We walk you through what options you may have, as well as what can be done to alter the existing agreement if necessary.
Our legal team provides experienced and knowledgeable guidance and support to find the solution you need. Call our office today at (214) 423-5100 or contact us online to schedule a consultation with our team.
