Our children can grow very fast. Divorce and child custody will not slow them down. Visitation or parenting time are results of court orders. They aren’t optional tasks and children also need to understand them. Is there an age by which a child can refuse visitation in Michigan?

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The greatest significant public health issue facing our civilization right now is certainly parenting. It is the single biggest factor linked to childhood illnesses and accidents, teenage pregnancies, drug usage, underachievement in school, absenteeism, disruption of classes, child abuse, employability issues, and mental illness.

These are serious in and of themselves, but they are even more significant as indicators of future issues for the following generation and adults.

Nothing Is More Powerful Like A Normal Child-Parent Bonding

The relationship between parents and children fosters the child’s physical, emotional, and social growth. Every child and parent may cherish and grow this special link.

The child’s personality, decisions in life, and general behavior are all built on the foundation of this bond. Their social, physical, mental, and emotional health may also be impacted.

Among the advantages of parenting:

[a] Young children have a better chance of forming positive and satisfied connections with other people in their lives if they grow up with a strong and secure attachment to their parents.
[b] A child who has a strong bond with their parents has the ability to control their emotions under pressure and in trying circumstances.
[c] Encourages the cerebral, verbal, and emotional growth of a kid.
[d] Encourages the child to display upbeat and self-assured social behavior.
[e] Healthy parental involvement and intervention in the child’s everyday life serves as the cornerstone for the development of better social and intellectual capacities.
[f] A solid relationship affects healthy social, emotional, cognitive, and motivational growth. When kids have a good relationship with their parents, they develop great problem-solving abilities.

The parent-child relationship and the family environment, which includes all primary caregivers, are the cornerstones of children’s wellbeing and healthy development, as shown by decades of research. Children begin learning at birth and depend on their parents and other primary caregivers to keep them safe and provide for them.

The influence of parents may never be more apparent than in a child’s formative years, when the brain is rapidly developing and almost all of the child’s experiences are influenced and formed by parents and the home environment. Parents set a course for their children’s health and wellbeing during childhood and beyond by assisting them in developing and honing their knowledge and abilities.

Parents themselves are impacted by the parenting experience. Parenting, for instance, can enhance and focus parents’ life, cause tension or tranquility, and elicit a wide range of emotions, such as happiness, grief, fulfillment, and rage.

Today’s parenting of young children occurs in the midst of important continuing advances. There is a fast expanding corpus of research on young children, more money is being allocated to family-focused programs and services, the U.S. population is changing demographically, and family structures are more diverse. Technology and easier access to parenting knowledge are also having an increasing impact on parenting.

The importance of parenting and parent-child relationship is the rationale behind why laws, national and state policies are biased towards protecting the parent-child relationship and why parenting time is not left as an option for parents. It is imposed on the family. To preserve as much of the family’s unity as possible.

The Limited Options For People In Visitation

When one takes into account various rights and obligations children have before the age of 18, the idea that a kid can choose which parent to live with is not so far-fetched. At 14, a kid has the option to name a guardian or refuse to provide their permission to an adoption. A kid can ask the court to be emancipated from their parents, get a parental consent waiver for an abortion, or drop out of high school at the age of 16.

In Michigan, a 16-year-old can even get married with permission from their parents. Remember a 17-year-old does not require a juvenile waiver or special proceedings in order to be tried as an adult for a crime.

Children under the age of 18 cannot, however, choose which parent they will live with on their own. Children have no right to decline visitation mandated by a custody order.

The order must be followed by the parents as well as the youngsters. So, if a child is being uncooperative during visitation, it is the parent who has primary physical custody’s duty to coax them into compliance.

But among the many factors the judge will take into account when deciding on child custody or parenting time is the child’s desire.

If your teen wishes to spend more time with the other parent, consulting a Michigan child custody lawyer might help you make decisions.

Once the judge imposes an order of custody and visitation, the child should follow the schedule of visits. The court must determine if a revision of the decree is necessary if a teen wishes to discontinue visiting one parent. Several factors will determine if your adolescent can decline to spend time with the other parent.

The child will be questioned by the judge about why he prefers one parent over the other or why he won’t go to one parent. If, for instance, the parent the adolescent refuses to see has a lifestyle that is inappropriate for the child, such as persistent criminal behavior in that parent’s house, illicit drugs, or physical violence, the judge is likely to deem the refusal justified.

The Reasons That Will Make You Refuse Visitation

In Michigan, a teen who has parents who are divorcing can have some say over how much time he spends with either.

The judge, on the other hand, will not be sympathetic to a kid who refuses to visit a parent’s home just because the parent insists the teen do his homework. Allowing mature feedback from children who are old enough serves the objective of giving the child a voice, not of pitting the parents against one another.

The matter should return to court if a kid refuses to follow a custody order that is already in place. The child should stick to the schedule up until the judge makes a decision on the motion to change the custody and parenting time order, unless there is a danger to the child.

There are also some legitimate reasons for refusing visitation. Legal grounds for refusing the other parent’s visitation include:

[a] Parental imprisonment
[b] Abusing drugs
[c] Either verbal or physical abuse
[d] Sexual impropriety, such as subjecting a youngster to very suggestive behavior
[e] Parental abduction

Your children may have a very particular reason why they would like to forego visitation with a parent. Children may not want parent visitation for the following reasons:

[a] The child is not amicable with other children from past partnerships or with the other parent’s new spouse.
[b] The kid doesn’t want to follow the other parent’s severe house rules.
[c] The child’s school, classmates, and extracurricular activities are all far distant from where the other parent resides.
[d] Simply put, your child and the other parent have never gotten along.
[e] The youngster holds the other parent responsible for the divorce and harbors anger towards them. If you are the cause of your child’s feelings, then this can be a problem. Parental alienation is the practice of disparaging your ex in front of your child, and it can be proven in court if you do so.
[f] The child wants to go to an event, but only one parent’s home will allow them to do so.
Most importantly, parents must remember court orders are precisely what they sound like—orders regarding custody and parenting time.

If parents fail to send their children to the parenting time specified by the court, they may be found in contempt of court and subject to fines or jail time. Because they “don’t want to live with you” or “don’t want to see you this weekend owing to other plans,” a mother or father cannot refuse to give their child to the other parent.

Check out our article on “How Can I Deny Parenting Time In Michigan?” to get our view on refusing to give you child to the other parent.

If parents encourage, permit, or condone their children disobeying or disregarding the parenting time order, the children do not have a choice and they take all the risks. Children who disregard reasonable parental orders may also be declared runaways or incorrigible in juvenile court.

How To Make A Better Compromise For Visitation

Of course, getting kids to perform anything they vehemently object to can be challenging, especially as they get older, as any parent of an adolescent knows. If you find yourself in this circumstance, you might consider using the FOC’s counseling or mediation services.

You could also ask the court to modify the current parenting time orders by submitting a motion. However, you’ll need to demonstrate a change in circumstances has occurred making the alteration you’re proposing necessary.

Now, in the unlikely event you cannot find a way to drastically change your child’s refusal or get parenting time modifications, the best compromise is to embrace this challenge.

Adopt a strategy to make the best of the situation. Find a work around to approach this challenge without unnecessarily building a level of stress for all concerned.

Approaches to Take When a Child Refuses to Visit the Other Parent.

Once you have learned and understood the reasons why your child refuses to visit the other parent, get your child to a degree of awareness.

Most likely, your youngster is unaware of the repercussions of disregarding a court order.

Instead of merely telling them to go leave, you should inquire as to why they are refusing. This will help you determine how to respond to their rejection most effectively. By demonstrating your concern and understanding of their circumstances, you may be able to persuade your child to attend visitation.

Every time your child declines a visit, keep a record of it. Every time, ask them why so you can keep a list. You must have proof to support yourself and your child’s requests because the other parent can take you to court and accuse you of breaking the court order.

In subsequent custody hearings, the opposing parent can attempt to demonstrate your lack of compliance, which would be detrimental to your position. Most especially to your own parenting time.

When your child declines, call the other parent and make an effort to have the youngster explain their refusal to the other parent. If the child cooperates more readily with the other parent, the other parent won’t be able to accuse you of willfully defying court instructions.

Word of mouth is easier to refute in court than phone records and text messages.

Make picking up and dropping off as easy as you can. Your frequent arguments with your ex throughout transitions may be a contributing factor in your child’s reluctance to attend visitation.

If your ex tries to provoke you during custody changes, try your best to keep your mouth shut and act like the bigger person. Make sure your child’s bags are packed and all other preparations are taken care of well in advance if they are departing for a lengthy visitation.

Anxiety can be brought on by activities that can be avoided, such as rushing around the house and neglecting cherished belongings.

Continue to promote visits. After a single denial, don’t give up. The parenting plan should be discussed with your child at times other than right before pick-ups and drop-offs.

Always keep in mind you are the parent, not your child. You are the one in charge. You are the best person to judge your child’s needs. It’s possible a soft, gentle approach won’t be effective. Particularly following the strain of a custody dispute and/or divorce, could make you feel bad forcing your child to do something they don’t want to.

Both parents should send a strong message to a rebellious youngster who refuses to visit the other parent. The court order will be upheld and neither party will be used as leverage against the other.

In conclusion, a court must modify a custody or parenting time order before it may be ignored or amended, or the child must turn 18 years old. A parent who helps the child disobey the order by allowing it can be held in civil and criminal contempt of court.

If a parent wants to change who gets custody or how much parenting time they get, they should submit a request with the court and explain why there has been a change in circumstances.

The police or child protective services should be informed right away if a parent has a good basis to believe the child would be in immediate danger if given to the other parent. No party has the authority to unilaterally defy a court order.

An adept family law attorney can assist in directing you toward making the best choice for your particular situation. Or, you can read our article on “How Does A Co-Parenting Calendar Work For Parents Without Sole Custody In Michigan?” for an approach parents without sole custody on parenting time can adopt.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.