During the divorce process, several key issues are addressed, including child custody. To render a child custody decision, a judge will examine numerous factors and determine what sort of arrangement will best serve the best interests of the children. It is your responsibility and the responsibility of your co-parent to ensure the custody order is complied with, or you will find yourself in some legal trouble.
When the Children Refuse to Visit
Generally, parents are expected to make their children reasonably available for visitation. If a child is sick, the parent must let the other know as soon as possible and arrange a visit to make up for the lost time. Although child custody orders generally do not explicitly state how a parent will make the children available for visits, it is implied that both parents should act reasonably.
When a parent refuses to comply with the terms of a child custody order, it is likely that parent will face contempt charges. It is also possible for a parent to be found in contempt of court even if the children are refusing to visit their other parent. However, for older children, such as teenagers, judges tend to be more sympathetic since they understand children of that age can exercise more control.
Dealing with Uncooperative Children
If you are dealing with uncooperative children who are refusing to visit their other parent, it is crucial to document the incident and notify your co-parent. The details of the situation should be put into writing, including the efforts you made to try to obtain your children’s cooperation. It would also help your case to get your co-parent involved. For example, if you cannot get your children to budge, ask your ex-spouse to come over to speak with the children and find out why they are refusing to visit.
That said, although you are expected to make a reasonable effort to ensure you are in compliance with your custody order, you should not have to force your children to visit their other parent. All you can do is document as much of the incident as you can to protect yourself and, if you believe your child is being harmed by their other parent, contact your attorney as soon as possible. It is possible that your children are refusing visitation because the situation in their other parent’s household is abusive.
Discuss Your Case with a Compassionate Child Custody Lawyer
If your children are refusing to visit their other parent, this can put you in a tough position and you might even face some trouble in court. To remedy the situation and fight against any contempt of court charges you might face, contact Beatriz Zyne, P.A. for the skilled legal guidance and exceptional representation you need during this difficult time. Attorney Beatriz Zyne has more than 20 years of experience and a reputation for success.
Contact us today at (305) 876-6138 to schedule a consultation and learn more about your legal options. You can also contact our law firm online.