Legal Insight from Barrows Firm: When Kids Refuse Visitation with a Parent

When Children Refuse Visitation: Common Issues and Conflicts in Texas Child Custody and Visitation

Whether you live in Southlake, Colleyville, Grapevine or anywhere else in Texas, it is not uncommon to hear about divorce and family law cases with children having resistance or refusing to visit with one of their parents. This can be a challenging situation for all parties involved, including the parents, the child, and the Court. Understanding the legal framework and strategies to address this issue is crucial for ensuring the best interests of the child are upheld. In this article, we will delve into the topic of children refusing visitation with a parent under Texas family law, providing insights and guidance to help parents navigate this complex situation when children refuse visitation.

Please also see our related article, Withholding Visitation from the Noncustodial Parent in Texas

Understanding the Best Interests of the Child in Custody and Visitation Matters

In Texas, the primary consideration of family Courts in custody and visitation matters is the best interests of the child. When a child refuses visitation with a parent, the Court will aim to ascertain the underlying reasons and determine the most appropriate course of action. Factors such as the child's age, maturity, reasons for refusal, and the parent-child relationship will be considered during the decision-making process.

Managing the child’s expectations and fostering good relationships with both parents and other family members is important. Part of that job means learning when to respect your child’s wishes and when to use your parental veto power and remind them your job is to be their parent, not their friend, and sometimes that means short-term disappointments, they get over quickly in many cases.

Check out the blog Our Family Wizard recommends on this topic, What to Do if Your Child Refuses Visitation with the Other Parent –
Barrows Firm Tip: Always Keep Complete Notes on Situations and Use the Our Family Wizard’s Features

Reasons for Refusal to Exercise Visitation

Children may refuse visitation for various reasons, including strained parent-child relationships, negative influence from third parties, or fear and anxiety stemming from a previous negative experience. It is essential to differentiate between situations where a child's refusal may be justified due to safety concerns versus cases where it may be driven by temporary emotional factors.

Sometimes a new significant other can be the thing the child is afraid to talk about because they might not want to admit that seeing mom or dad with someone new is a real thing, it really puts the nail in the coffin when kids remain in hope that their parents will reconcile one day, even if that is not a reasonable dream.

In Texas, Do Children Have the Right to Refuse Visitation at a Certain Age?

Under Texas family law, children do not have an absolute right to refuse visitation based solely on their age. The court considers the best interests of the child as the primary factor in custody and visitation matters. While the court may consider a child's age and maturity when determining visitation arrangements, it is not a blanket authorization for a child to refuse visitation without valid reasons. The court will assess the situation, evaluate the child's reasons for refusal, and make a decision that promotes the child's overall well-being and maintains a meaningful relationship with both parents.

Great On Point Reference: Psychology Today, Helping Kids Be More Responsible for Their Actions

Should I Force My Child to See the Other Parent if They Don’t Want to Go?

As a parent, you may wonder if you are legally obligated to force your child to visit with the other parent. In Texas, the court expects parents to comply with court-ordered visitation schedules unless there are valid safety concerns. While it is generally advisable to encourage and facilitate a healthy parent-child relationship, forcing a child against their will may not be productive or in their best interests. It is important to address the underlying reasons for the child's refusal and explore alternative solutions such as mediation or counseling. If concerns persist, consulting with a qualified family law attorney can provide guidance on how to navigate this situation while considering the child's well-being and complying with the court's orders.

Resolving Visitation and Refusal Issues Amicably

When faced with a child's refusal, parents should prioritize open communication and cooperation. Encouraging dialogue between the child and the resistant parent can help address any underlying issues or concerns. Parents should explore the reasons behind the refusal, actively listen to their child's perspective, and work towards finding mutually agreeable solutions.

Mediation and Counseling for Custody and Visitation Conflicts

In cases where communication proves challenging, involving a neutral third party such as a mediator or a qualified counselor can be beneficial. Mediation can help facilitate discussions between parents and assist in finding common ground. Additionally, counseling may provide a safe space for the child to express their concerns and work through any emotional challenges related to visitation.

Modification of Visitation Orders

If efforts to resolve the issue amicably prove unsuccessful, seeking a modification of the visitation order may be necessary. In Texas, the Court can modify a visitation order if it is in the best interests of the child. However, it is important to note that the burden of proof lies with the parent seeking the modification. They must demonstrate a substantial change in circumstances or provide compelling evidence that the current visitation arrangement is no longer suitable.

At Barrows Firm, it is common for clients to request modifications and bring new suits to accomplish the same. In many cases, this can be done out of Court and the new parenting plan can be agreed to by the parties, sometimes with very little mediation or negotiation. In other cases, there is a hearing and trial on the merits of the suit to modify visitation and parenting time.

Ensuring Compliance with Court Orders

Regardless of the child's refusal, parents must comply with Court-ordered visitation schedules. Failure to do so may result in legal consequences and may negatively impact future custody decisions. If a parent believes that visitation should be restricted or modified due to safety concerns, they should consult with their attorney and seek appropriate legal remedies.

The Role of Parental Alienation

Parental alienation refers to situations where one parent deliberately influences the child to reject or resist the other parent. In Texas, parental alienation is viewed unfavorably by the Courts as it undermines the child's relationship with the non-residential parent. If parental alienation is suspected, the affected parent should gather evidence and consult with their attorney to protect their rights and the child's best interests.

Court Intervention

In cases where all other attempts to address visitation refusal have failed, seeking Court intervention may be necessary. A parent can file a motion to enforce the existing visitation order or seek a modification based on the child's refusal. The Court will assess the circumstances, consider the child's best interests, and make a determination that is fair and just.

When children refuse visitation with a parent, it presents a delicate and complex situation under Texas family law. The best interests of the child remain the guiding principle throughout the decision-making process. By fostering open communication, exploring mediation or counseling, seeking appropriate legal remedies, and involving the Court, when necessary, parents can navigate these challenges while ensuring the child's well-being and maintaining their parental rights. Consulting with a qualified family law attorney is crucial for understanding the specifics of your situation and securing the best outcome for your child's future.