What Can a Parent Do if a Child Refuses Parenting Time?

In New York, when parents have joint physical custody of a child after a divorce, each of them is entitled to parenting time as prescribed in a plan adopted by the court. However, what happens if a child — for whatever reason — decides they don’t want to adhere to the parenting time schedule? A refusal can create a complex situation, which can rise to the level of action by the court. The primary concern in these cases is the best interest of the child, but the parents’ rights and responsibilities are also in play.

Firstly, if a child refuses parenting time, it is essential to determine why. The reasons can range from a simple preference not to make the home-to-home trek to more serious issues such as discomfort or distress about the visits. Depending on the child’s age and maturity, their preferences may be considered by the court, but children do not have the legal right to unilaterally decide not to follow the parenting time order.

Each parent is expected to encourage and facilitate parenting time. This includes making the child available for visits and not doing anything to obstruct the process. A parent cannot be held in violation of the parenting time order simply for failing to force the child to comply. However, if the parent is perceived to be interfering with parenting time, the other parent may file a petition seeking court enforcement.

A court will assign an attorney for the child to help understand the reasons underlying the child’s refusal. This may involve speaking with the child privately with their counsel. A judge in most instances will not speak to a child until testimony is concluded after a hearing. The court aims to ensure that the parenting time order is in the best interest of the child and that both parents are adhering to their legal obligations.

If the court finds that the parenting time order is indeed being violated without good cause, the court can do one of the following:

• order family therapy to address underlying issues, 
• provide detailed instructions to the parent accused of denying parenting time
• modify the custody and parenting time order to better serve the child’s needs

As a worst-case scenario, if the court believes that one parent is actively undermining or alienating the child’s relationship with the other parent, it can hold that parent in civil contempt of court and can also suspend that parent’s time with the child. 

An experienced child custody and visitation attorney can help develop a workable resolution when a parenting time schedule is not being followed due to a child’s refusal. Whenever possible, a court will encourage nonadversarial solutions rather than having to intervene. 

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, we help parents resolve custody and parenting time issues in a way that benefits the family relationship. We serve individuals throughout Long Island. Call 631-360-0400 or contact us online to make an appointment.