At what age in IL do children have the right to refuse visitation with the non-custodial parent? Is it 12?

Question

Ok after reading some of the responses. I've decided to add additional information.... I would never keep my ex from seeing his kids, however there are times when the children don't want to go. Ex: a friend is having a birthday party that they want to go and their dad will not allow them to go "because it is his time". However if the kids have a game on a Sat. he won't pick them up on Friday, because he shouldn't have to do all that running around. (He lives 30 miles from my house, but he decided to move there) If I tell him he has to pick them up anyway, then he won't take the kids to their games. The kids have asked if they can stay home with me, to attend friends parties etc. and he tells them that they can, but he will have me arrested. This puts pressure on the kids and they go. They are missing out on childhoold, because he feels the need to control things...that is why I divorced his ***. That started after we got married. This is mental abuse..& my lawyer is tired on him.

Answer 1

Technically, a child does not have the choice to refuse visitation unlees it is in a court room and a judge is presiding over the case.
You need to file a petition to restrict visitation due to the child's feelings or extinuating circumstances
If as a parent you let the childr efuse to go to visitation then you are guilty of custodial interference and contempt of court


Consult an attorney on how to get the court to hear your child's reservations and do it the right way with the legal system


Age 12 is when a child's opinion can be taken into consideration though

Answer 2

First off it's not much info. You should always encourage your child to spend time with the other parent... it's in their best interest unless they are abusive. If that is the case then you need some evidence and stopping visits or making them supervised will be easy.

Do not just stop visitation on your own. This IS contempt and if you do it enough YOU CAN LOSE CUSTODY to the other parent for interfering with their visitation rights.

The child can't refuse visitation unless it is court ordered. 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. There is really no set age... the judge takes into consideration the child's age and the reasons the child doesn't want to continue visits.

But I cannot stress enough that it is always best to encourage visitation. The child may not like going now, but may change their mind in the future and by then the relationship is damaged.

Answer 3

Unless there is a major reason to not want to go, I would not violate a custody agreement. Those are dangerious waters. And permiting this can give the non-custodial parent a reason to file contempt of court against the primary. Is it worth going to jail??
If there are accusations that are going on to hurt the other parent, just so the child wont have to see the parent, then I would tell you that parental alienation will be the cause of that primary care giver losing custody of the child. After 11, they may have more say to which parent they want to live with. But, they cannot decide they just don't want to go.
I would look down on that parent for empowering the child, and causing harm to the childs other parents bond.
What the hell are you thinking??

Answer 4

In ANY state of the U.S. a child can refuse to go on visitation with the non-custodial parent at ANY age. The courts can NOT force a child to go on visitation.
The order of visitaiton is in the custody papers NOT for the child but for the CUSTODIAL PARENT. It is an order that is set up so that the CUSTODIAL PARENT is not allowed to keep the non-custodial parent from vistiations IF the child wants to go.
In other words if mom has custody and she hates dad and doesn't want the child to have anything to do with dad but child wants to see dad mom can't keep child from seeing dad. That is ALL the visitation order is for. NOT to force a child to see the non-custodail parent.

Answer 5

Well in my state its 16 and they (the child) have to go before a judge to do so and the judge can disagree. Also in my state if the child does refuse & the judge agrees to allow it then the non-custodial parent is no longer required to pay any child support to the other parent or financially support the child in anyway.
If there is a "real" reason - neglect/abuse etc you should be bringing it up in court or reporting it to cps if there is no real reason then they should go. We have to do alot of things in life that we might not want to do that we should.

Answer 6

Your child has a reason for refusing to go and you dont have to make him either. The worst that can happen is your ex will take you back to court for not allowing visits which is ok as then in court the real reason will come out for him not wanting to go and maybe its a legitimate reason and the court will intervene on his behalf. The child doesnt legally always have to go on visits

Answer 7

I have been browsing the web more than two hours today seeking the answers to the same question, but I haven't found a more interesting debate like this. it is pretty worth enough for me.

Answer 8

Ask your lawyer.