Legal Options When a Child Refuses Visitation

When a court orders a custody or visitation arrangement, it’s with the expectation that both parents (and the child) will follow it. But what happens when a child begins to resist or outright refuse visitation with one parent? This can be an emotional and complex issue for everyone involved.

Talking to a Bucks County family attorney can help you secure a solution that works for your family. Courts take child custody orders seriously, but they also consider the child’s age, emotional state, and reasons for resisting visitation.

Understanding the Legal Framework

In Pennsylvania, court-ordered custody agreements are legally binding. A parent cannot unilaterally change the agreement simply because the child does not want to go. If a child repeatedly refuses visitation, the parent with primary custody may face legal consequences for noncompliance, even if they are not directly responsible for the child’s refusal.

However, judges also recognize that forcing a child into a stressful or harmful situation may not be in the child’s best interest. If visitation is being denied because the child fears abuse or neglect, the court may take emergency action. But if the refusal appears to be based on preference or manipulation, the court will dig deeper before making changes.

Courts consider several factors when determining how to address a child’s refusal:

• The child’s age and maturity. Older children (generally 12 and up) may have more influence over custody decisions. Younger children are expected to comply with the arrangement unless there is a valid reason not to.
• The reason for the refusal. Is the child expressing fear? Discomfort? Alienation by the other parent? A judge may order psychological evaluations or investigate the situation.
• Parental influence. If a parent is suspected of encouraging the child to reject visitation, this could be considered custodial interference, and the court may issue sanctions or modify the custody arrangement.

In serious cases, failure to comply with custody orders could lead to contempt proceedings, fines, or even changes in custody. But courts are also careful to avoid punishing children for emotional distress.

Psychological Considerations

Working with a therapist or counselor is often a helpful step. Mental health professionals can help uncover the reasons behind refusals. These professionals provide a safe space for the child to express feelings and are often able to offer recommendations to the court regarding the child’s best interests.

Navigating a child’s refusal to visit a parent requires sensitivity and legal insight. A Bucks County family attorney can evaluate your legal obligations under the custody order. Then, when necessary, your lawyer has the skills to petition the court for modifications (if appropriate) as well as coordinate with therapists and custody evaluators.

Do you find yourself in a situation where your child is refusing visitation? Don’t go it alone. The attorneys at Kevin L. Hand, P.C. are available to discuss resolution options with you. With the right legal guidance and emotional support, you can address the issue in a way that supports your child and honors the court’s expectations. Call 215-515-2604 for a confidential consultation.