Any parent knows that the older a child gets, the more willful and independent they become. Getting them to do their chores or clean their room can be daunting enough challenges on their own. What about visiting their other parent?
Many parents wonder if there is an age at which it is appropriate for a child to refuse to visit their other parent and whether they can force their child to do something they don’t want to do, even if it goes against the custody arrangement. While a child may feel they are old enough to express and exercise their opinions on who they spend time with, Missouri courts see things differently.
How Old Does a Child Need to Be to Refuse Visitation?
Child custody cases can be complex. Managing a custody situation with a former partner while managing the needs of a child can be challenging and emotionally taxing. Children can take divorce hard and sometimes may prefer to spend more time with one parent over the other. However, in Missouri, when there is a legally binding child custody order, a child must be 18 years old and considered an adult before they can refuse visitation with a parent.
Although you may feel like you are caught between a rock and a hard place as a parent when your child doesn’t want to visit with their other parent, they cannot refuse to comply with a legal visitation order, nor can you allow them to refuse to see their other parent. You are legally responsible for facilitating parenting and visitation time when there is a custody order or parenting plan. Penalties for failing to stick to a custody arrangement can include contempt and potentially criminal charges.
Understanding Child Preferences in Missouri
While a child cannot refuse to see their other parent, there are some preferences a child can exercise in Missouri. During an initial child custody case, a child can choose to tell the court whether they have a preference for which parent they would prefer to live with and why.
Missouri law does not set an age limit for a judge to consider a child’s opinion. Generally, if the child is old or mature enough to communicate an opinion clearly, the court can factor that opinion into its decision. However, only the court has the final word on parenting time and custody arrangements and will always base its decision on the child’s best interests.
Additionally, if a child is aggressively refusing to visit their other parent, take the time to find out why. If you believe there are significant issues with their home life or their health or safety is at risk, speak to an attorney immediately about modifying your existing child custody order.
Let a St. Louis Child Custody Attorney Advocate for Your Family
Your child may be trying to tell you something. Listen. At Grant, Miller & Smith, LLC, our child custody lawyers advocate for you and your family. We want to help you find legal solutions to your issues so you can continue to raise a happy and healthy child. Contact our office immediately to arrange a consultation.