Children not wanting to spend time with their other parent can put the custodial parent in a precarious catch 22. That the child is very strong willed and is not afraid to stand up to those who may try to intimidate the child in returning to the custodial parent's home. 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. Parents are put in a tough situation when a child refuses visits. Unmarried Parents. However, what looks reasonable on paper doesn't always work in real time, leaving many parents wondering, "Can I refuse to send my kids for court-ordered visitation?" She is supposed to return on August 14 to SC. Types of Child … I tried everything except turning him into the child welfare dept. The non custodial parent is very concerned and has learned much of the problem arises from the child's home life and not getting his homework done while with the custodial parent. Your child's request to live with your ex doesn’t have to be seen as a negative evaluation of who you are as a person or a parent. In some situations, children go to live with grandparents, aunts and uncles, or friends. Talk to your child about why they don't want to go. Just because your child says they want to live with you full time and they want to tell that to a judge does not mean … Courts assign visitation for the purpose of encouraging non-custodial parents to maintain regular contact with their children. Often one parent will retain physical custody, while sharing joint legal custody with the other parent. So if an unemancipated 14-year-old child wants to live with Person X, if a parent opposes that, and if Person X refuses either to return the child to the parent or to eject the child from Person X’s home, that constitutes kidnapping. Some states protect the non-custodial parent's right to maintain an ongoing relationship with their children, while other states protect the custodial parent's right to relocate for employment or family reasons. Both parents share equal custodial rights, and they're entitled to equal shares of ... the parent in physical possession of the child has no right to keep the other parent away or set time limits on visits. Sometimes children leave the custody of the parent who receives child support, but don't go live with the noncustodial parent. He wants to live with me. Hi, my name is Daphna Schwartz and I am a lawyer with Feldstein Family Law Group. (He has visits every other weekend according to our divorce decree). Also, you should contact your child’s other parent as soon as possible, and give the other parent the opportunity to talk with the child or suggest other strategies to help make the visit happen. Both parents may believe they know what’s best when it comes to custody, and each child may have an opinion as well. While there may be a tiny ethical grey area here, if a noncustodial parent provides any sort of incentive, it will likely run afoul of the laws that protect against custodial interference. When a child refuses to visit with a parent, this scenario (1) prompts distrust and suspicion between the parents, (2) creates an awkward situation between the parents and the child, and (3) puts both parents in legal jeopardy if they don’t handle the situation appropriately. When parents separate, one of their hardest tasks is deciding on a child custody arrangement for their children. The laws relating to a child's preference for his or her custodial … However, in other situations, one parent retains custody (the custodial parent) and the other parent does not have custody (the non-custodial parent). Child’s Wishes for Custodial Parent is Currently Up to Judge’s Discretion Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. 2> The custodial parent has sole custody. Badmouth the other parent. I … Can a 15 year old petition the law to live with a non custodial parent [ 7 Answers ] The child is currently living with a family he has known for 2 months. Unfortunately, it is not too uncommon for a noncustodial parent to attempt to convince their child during visitation that the child should say they want to live with them. Child custody and visitation. Badmouthing your co-parent in front of your child or interrogating your child about the visitation once they get home could influence your child's desire to be with their other parent. In most states, the courts consider taking a child from his parent with the intent to interfere with that parent's physical custody of the child, even if the that parent also has custody rights, as a crime that is punishable by jail time, according to Myfamilylaw.com. to convince him to go back to the custodial parent. If this occurs, it often places the custodial parent in a very uncomfortable position. But the custodial parent must understand that major decisions implied by have shared legal custody will need to be worked out with the non-custodial parent - just because the child lives primarily with one parent does not give that parent the sole authority to make all important decisions on the child's behalf. Non-custodial parent lives in Oregon and the custodial parent lives in South Carolina. My question involves a child custody case from the State of: Indiana 1> I am the NON CUSTODIAL parent. His father is currently incarcerated and he wants his son to live with me, also his son wants to live with me. If your child's father won't return your child, or if child custody interference or parental kidnapping have kept your child from you, these tips will help you get your child back into your life, including information about parental alienation. Try to reason with your ex by explaining your desire to keep seeing your children regularly and laying out your financial limitations. If you’re having a hard time viewing your child's request objectively, talk with a friend or counselor about how you can separate your child’s request from your identity as a parent. She wants to live with me in WA. 3> Our 17 year old son came to my home for his scheduled summer two week visit and refused to return to the custodial parent. 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