Can the non custodial parent 'force' the minor child to leaving with them? Can and will the police department help? There is a lot more to this, but the non custodial parent does have a COURT ORDERED visitation guide, and has NEVER done anything to harm, (in any fashion) this child. How can the visitation be enforced against the CHILD?
2007-12-20 23:28:01 · 15 answers · asked by carmeliasue 6 in Politics & Government ➔ Law & Ethics
The child has the right to refuse to go, but if there is contention between the parents, then the non custodial parent will see the child refusing to go as the child having been influenced by the custodial parent--not because of anything the child actually wants.
The non-custodial parent will have the right to call the police in to have the child forcibly removed from the custodial home, but if the child is able to convince the police that he has a legitimate reason for not wanting to go with the parent, then they may not force the child to go.
But before things get that far, the child is old enough to sit down with the non-custodial parent and explain why he doesn't want to visit at this time. The child is at an age when his social life picks up (I'm going to assume that this is why the child doesn't want to visit) and he and his parent need to negotiate between themselves how they are going to handle their time together. It needs to be made clear to the child, that since his time with his non-custodial parent is limited and his parent wants to spend time with him, that he needs to make an effort to call during the week-just to talk (5-10 minutes of idle chit chat) and to arrange his social calendar around his visitation times or when he can't, to negotiate an alternative visitation time with his parent.
If the reason the child doesn't want to visit doesn't have anything to do with his social life, then a better effort by the parent needs to be made to find out why the child doesn't want to go. Is there someone else at the non-custodial parent's home who is making life difficult for the child? Is the custodial parent saying things, not specifically to the child but around the child that causes the child to feel like he has to choose between his parents?
If the child isn't forthcoming about why he doesn't want to go and the custodial parent is not helping to figure out what the issues are, then this is when you need to go back to court on the custody issue and have social services get involved to interview the child to see what the real issue is. Please note that this is a drastic and serious turn which would indicate there are some serious issuses going on.
I hope you figure out what is going on.
Good Luck.
2007-12-21 00:35:32 · answer #1 · answered by Invisigoth 7 · 2⤊ 0⤋
This Site Might Help You.
RE:
Can a 15 year old child REFUSE to go with non custodial parent on court ordered weekends?
Can the non custodial parent 'force' the minor child to leaving with them? Can and will the police department help? There is a lot more to this, but the non custodial parent does have a COURT ORDERED visitation guide, and has NEVER done anything to harm, (in any fashion) this child. How can...
2015-08-18 05:27:55 · answer #2 · answered by Jeremie 1 · 0⤊ 0⤋
If the non custodial parent makes a stink over the kid not wanting to visit then simply go back to court and have the custody agreement modified. The kid is old enough that the court will listen to the child's wishes and MOST likely side with the kid.
By 15 yrs alot of kids are so consumed with hanging with their friends that their parents become like a background noise. Its part of them spreading their wings but it can still hurt to watch them do it.
The kid should be encouraged to maintain some contact with the noncustodial parent. It doesn't sound like the family dynamics involved the non custodial parent as being abusive so the kid should show RESPECT to the parent that did help create it by keeping in contact with the parent. (Christmas and birthday card and copies of the report cards and a school photo each year would be a decent offering).
Family is family and the kid should be taught to understand that.
2007-12-21 00:04:54 · answer #3 · answered by Dawn 5 · 2⤊ 1⤋
In Texas the police can not force a 15 year old to go. I also, as a 17 year veteran officer would not allow the child to be forced, physically, by either parent to go. I have had dozens of consultations with different assistant district attorneys about this. You should have audio and video of the confrontation to defend against a contempt of court hearing if you are the custodial parent. I do not think a judge would find contempt though. I would attempt counseling as a family, with both parents. If there is no history of trouble the custodial parent should do everything possible to encourage the child to go. Remember that laws vary state to state, but I doubt any state would allow a child that old to be dragged kicking and screaming against their will.
2007-12-21 14:47:47 · answer #4 · answered by Dana M 1 · 4⤊ 1⤋
Can A Child Refuse Visitation
2016-10-13 10:38:37 · answer #5 · answered by levis 4 · 0⤊ 0⤋
No the child can not be forced by the non custodial parent but the custodial parent can be found in contempt of court for failing to surrender the child for visitation.
If you call the police, they will follow the divorce decree visitation schedule.
Had the same issue....
You must modify your decree..So more court, more lawyers, and more money down the drain.
2007-12-20 23:49:57 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Recently my 15 year old son was physically assaulted by my ex. My son got away and found someone to call the police. Child Protective Services is investigating. We share custody. My son has been with me since this happened for his protection and safety. His father claims that our son attacked him and is threatening to get me in contempt of court. I am hoping to help redeem that relationship between my son and his father on day but my ex is causing alot of drama at my son's school by attempting to get my son from school. My son has let his dad know he no longer feels safe around him or in his home and wants to stay with me. This has been very stressful and traumatic for my son. I live in Utah and I am wondering if I have anything to worry about since there was no proof of the father slapping him and punching him in the stomach, although he did have a swollen elbow but I am unsure of how he got it from this incident
2014-09-19 07:15:34 · answer #7 · answered by Sandy 1 · 0⤊ 0⤋
can a 12 year old refuse to go to court ordered visitation
2014-07-03 06:41:20 · answer #8 · answered by BC 1 · 0⤊ 0⤋
Hello,,the child can refuse to visit for whatever reason, even out of spite, cannot force the issue , and cannot take the child using force, only time can make it work and that's the truth about being the non-custodial parent, fact is I have a 13 yr old son that just decided to quit coming over after spending every weekend for 3 years with me, his dad, he got upset with me stopping the spending of bunches of money on fun things and decided to stay at home, no supervision, his mom would lock the door and not allow him to go outside but just play video games and watch tv, and computer time, I was not allowed to see him all summer, I took days of for every weekend scheduled to be with him and it meant nothing, when I wrote to the Governor of OHIO,Ted Strickland< he responded by referring me to the Child ands job services , they said they had no jurisdiction over the local court system and when I wrote to the OHIO supreme court to try and see if some kind of law could be made for the children of divorced or seperated, and/ or not married but with children, because my ex was arrested for drunk driving with my son with her,I still have no idea who or where my son was put while she was arrested and locked up!! I was pushing for a child safety law, reversing the custody of the child to the significant other parent, why let some drunken drug convicted parent have the child and fill their head full of lies about the way to hide their problems from the schools and families who love them I was never responded by this legal systems rep., so as long as you pay your support and vote for the lying pricks you are doing what they want, good luck and pray some of them hit a tree while spending tax money on their life styles of not helping the american children who are at risk of losing the country to foreign investors.
2007-12-20 23:57:00 · answer #9 · answered by Anonymous · 2⤊ 2⤋
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2016-04-22 03:35:38 · answer #10 · answered by Anonymous · 1⤊ 0⤋