The child can't refuse visitation unless it is court ordered. In California, either parent can have custody of the children, or the parents can share custody. State law determines the age at which a child can seek emancipation. Answer (1 of 2): If you can get online to ask the question, you can call the local Court Clerk of your Courthouse and ask them, (maybe family Court). Age of Child and Custody – One of the most common questions parents ask is at what age can their children choose the custody and access arrangements. For example, a parent who is not awarded sole or joint physical custody of his or her child still wants to be an important part of the child’s life and spend as much time with that child as possible. I like to tell the parent I am meeting with “there is a magic age when your child can choose, and that age is 18.” This usually gets a chuckle. Welcome to JustAnswer, I shall be providing you with information in response to your question. This can be tricky because a child may refuse visitation with a parent for a legitimate reason. It is possible for a child to refuse a visitation … The court will always hear what the child has to say regarding the visitation and custody. There’s not a set age at which a child can refuse visitation. Many clients ask me whether there is an age can a child have to be to refuse visitation. The judge will speak to the child and take into consideration their feelings and then will decide if it's in the best interest of the child. Family court judges throughout the state of Arizona give strong consideration to each child’s preference when making important decisions about parenting time and visitation rights. Your entry can explain the incident and document what the change in plans will be such as where your child will be spending that time instead of attending the scheduled visitation. Since emancipation makes the child a legal adult, an emancipated minor can refuse contact with his divorced parents. Age that child can refuse visitation. My child is not wanting to go to his mother’s house for parenting time. This idea that a child can choose is misinformation. A child in the United States is able to testify in court at the age of 13 (or there about) and can choose not to see a parent. Since the Family Law Act came into effect in 1975, there has been no hard and fast rule. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child. The older they are, the more value their opinion has, but the courts are never obligated to simply follow the wishes of the child. The child refuses the visit. Until 1974, children had ‘the right’ to choose which parent they lived with at age 14. Making Visitation Easier On the Children – Here are some ways to try and ease the visitation process and make it a little less painful for the kids. Lv 6. My issue with visitation is more about protection of my rights as a non-custodial parent. Answer: I am unable to give you legal advice on divorce.I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice. Visitation is designed to benefit the child, not the child’s parents. It can be kept private for your own records or shared with your co-parent, your lawyer, or anyone else you are working with on OFW. Under South Carolina’s family laws, there is no set age at which a child can refuse to go visit with the other parent. The court will consider the desires of a child at all ages. 10 or 12-year-old child is entitled to have their feelings heard and given weight in legal proceedings about custody and visitations. Can other interested parties or relatives be granted visitation rights to a child in Pennsylvania? A parent may also be asking themselves, "At what age can a child decide if they want to visit the other parent?" A child can refuse visitation with a parent that does not have custodial rights at any age, although the outcome of this does depend on age and whether their request is honored is usually dependent on the judge in court. Most judges understand that once a child reaches their teenage years, it may become more difficult to force them to visit with a noncustodial parent against their will. Whether you’ve divorced or you’re legally separated, if you’re a parent you need a custody order.Parents can work out their own arrangements regarding custody and visitation with a judge’s approval. How Old Does a Child Have to be to Refuse Visitation in South Carolina? 0 0. az_mommma. Under state of Pennsylvania law, it is not generally possible for any other interested party other than those specified to be granted child visitation rights. In California, 18. In fact, there are those who feel that even asking a child to choose between one parent and the other, regardless of their age, is tantamount to child abuse. A child cannot say no to visitation. If the information is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button. My youngest child, age 12, desires to live with me. Re: What age can a child say no to visitation. An attorney I spoke to said that "all things being equal" there is a chance of getting a custody change before the child reaches age 14, albeit slim. A 14 year old is refusing to visit his non-custodial father due to physical and verbal abuse occuring during the visits. Your entry can explain the incident and document what the change in plans will be such as where your child will be spending that time instead of attending the scheduled visitation. Otherwise if there is a problem you should seek a modification of the current court order. It can be kept private for your own records or shared with your co-parent, your attorney, or anyone else you are working with on OFW. Unless visitation would risk physical or mental harm to the child, the courts won't allow her to refuse visitation without consequences for the custodial parent. So at what age can a child refuse visitation?. At What Age Can a Child Refuse Visitation in California? The Family Court now looks at a number of factors in deciding with which parent a child shall live. Visitation Basics. Question: At what age can a minor child refuse visitation with a parent? A child in the state of Alabama can not opt out of visitation with the non custodial parent until the age of 18. A judge will enforce visitation orders or even hold a parent in contempt if that parent is preventing visits between the child and the other parent. If parents aren’t able to agree, a judge will make a visitation and custody order based on the child’s best interests. However, the refusal can simply stem from the child's resistance to the change. The judge may also choose to talk to the child in the absence of parents. Under South Carolina law, legal provisions do exist to grant child visitation rights to step-parents under certain circumstances, so visitation can be readily applied for. You could also ask your school Counsellor or Advisor , too. A lot of judges feel this way as well. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. However, the child also takes on the responsibility to support himself financially. In Mississippi, “visitation” is the time a child spends with a noncustodial parent and is a very important subject for many parents involved in divorce or custody cases. If you just don't want to see the parent,or are afraid of them, , you could request that another person go with you(an adult, from the Courthouse.) While the courts will give a child's wishes more consideration as she grows older, someone younger than 18 can't refuse to visit her noncustodial parent. In the past I have been advised that if I do not force him to visit I will be held in contempt of court. In rare cases this may be overruled by the court. Age 12 is when a child's opinion can be taken into consideration though. At What Age Can a Child Refuse Visitation in Arizona? When he is an adult he can say no, which is age 18. I know my best bet here would be cooperation from the ex. 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