How old must a child be in order to choose which parent he or she wants to live with? However, there's not a lot of tolerance when a child exercises that willpower by refusing visitation. As a parent you may feel like your hands are tied, especially after a divorce or separation. Presence of any uncertainty, confusion, fear, or insincerity in the child’s expression of a custodial parent preference; Judges may prefer to discuss custodial parent preferences and custody arrangements with children in chambers in a more private setting. 15 year old neice is visiting father out of state for scheduled visitation. If the non-custodial parent refuses to return the child it may be considered kidnapping. One of the twins is refusing to visit her father as a result of issues with their father. Custodial Interference Can Backfire. If a child decides to live with the non-custodial parent, is there anything the custodial parent can do to stop that child from doing so? Is this level of refusing to co-parent a proper reason to lose custody of a child? I am however, a divorced mom, a high school teacher of at risk youth, and a family mediator. Answer: Please note that these rules change according to state. My 16 year old daughter refuses to return to her custodial parent after holiday break visitation with me. In such situations, the attorneys and parents are excluded from the conversation. Thank you for this question. She comes from Texas, and is visiting Illinois, she flys, she refused to get on the plane to return home. This is true even if the non-custodial parent is not paying their child support. The only way I can get her to return would be by force sufficient to likely injure her. Technically, if the non-custodial parent has court ordered visitation, then the child and custodial parent have to comply with it. What If the Custodial Parent Refuses to Allow Visitation? Learn more about what to do when a child refuses visitation. The non custodial parent has attempted to co-parent but the custodial parent doesn't want to hear it and refuses to communicate with the non-custodial parent. This also depends on whether there is a custody order. Parents often lament that children have minds of their own, and there's no doubt that this statement rings true for many families. 2011-08-01 15:41:09. I love it! The custodial parent must comply with the visitation schedule (sometimes called a parenting plan) established by the court. Can a non-custodial parent refuse to return a child after visitation ends? Can a parent keep a child away from the other parent following a divorce? The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. I have physical custody of 14 year old twins (divorce finalized years ago). 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