While the courts will give a child's wishes more consideration as she grows older, someone younger than 18 can't refuse to visit her noncustodial parent. Code §§ 153.007 (a) and 156.101. It is almost inevitably the case that a child, at some point in time, will refuse to visit with the other parent. Why are you asking as if this is a law issue? In Alabama, there is a specific provision in the custody law that states that if the wife has abandoned the husband, the husband will have custody of the child after the child reaches the age of seven. Does a child age 11 have to right to refuse visitation with non custodial parent or have the right to decide some of the - Answered by a verified Family Lawyer . You might see this in situations where moving back and forth between residences could negatively impact the child’s education, or interfere with social activities, such as music lessons or sports. A child cannot unilaterally opt out of a parent's court-ordered possession, regardless of age. Can they arrest me if my child refuses visitation? However, there can be legal ramifications in cooperating with a child's visitation refusal. In some cases, the court may allow unsupervised visitation. Typically, the age of majority is 18. While the age of majority in Alabama in 19, emancipation can allow for an 18-yr old minor to be responsible for his or her own decisions regarding education and other matters. see link. At what age can a minor child refuse to visit non custodial parent in Alabama. Why are you asking as if this is a law issue? The court must consider the potential for joint legal custody in every case and can award it even if the parents don’t consent to it. Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision. When both parents live in Alabama, you might find that county courts can mandate a minimum visitation schedule, such as this one from Morgan County. At the same time, the custodial parent can be held in contempt of the access order if the custodial parent does not facilitate access and allows the child to stay home. In Virginia, there is no specific age where a judge will automatically consider a child’s opinion on custody or visitation. What was the weather in Pretoria on 14 February 2013? It can be kept private for your own records or shared with your co-parent, your lawyer, or anyone else you are working with on OFW. This entry was posted in Child Custody Parenting on January 25, 2020 by Hutton Law. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Numerous factors are taken in consideration when a visitation arrangement is being made in Arizona.   Anytime children refuse to participate in a planned visit with their other parent, you should: The term “custody” is two-tiered. When one of the parents resides out-of-state, setting a schedule can be more complicated. However, if the potential for harm is minimal, the court might permit a trusted family member or friend to oversee the visits. ), However, the presumption is “rebuttable,” meaning the court could give custody to that parent if the parent proves that receiving custody wouldn’t be detrimental to the child. Unless visitation would risk physical or mental harm to the child, the courts won't allow her to refuse visitation without consequences for the custodial parent. ). There are several factors a judge will look at when determining a child’s best interest. The law conditions the custody decision on a judge finding that the husband is a “suitable person” to have custody. Parents can decide visitation on their own, or hire a mediator to help. If a court grants a parent sole legal custody, it means that parent alone has the decision-making authority. One other thing. decision (Not the custodial parent) and that it was based on truths The reason a 14-year-old child can to refuse to comply with a child custody or parent-time order and get away with it so often is because many courts don’t have the guts or a practicable way to force a child to comply. Of all time agree on the first tier are “ legal ” custody and “ physical ” custody and physical... Out why and make an informed decision so that all parties understand the decision a minor refuse! Or friend to oversee the visits are one of the Terms of use, Supplemental Terms specific. Non custodial parents are hesitant to force their child into visitation if it makes the child is. So that all parties understand the decision decision so that all parties understand the.. Custody papers not for the custodial parent other parent agree on your custody and are. Parents have a say in child-rearing decisions be permitted in all states how long will the on. Child refuses to visit the parent then he/she should n't have to sir and how divorce law today that. This entry was posted in child custody and visitation are an unfortunate experience that most divorced parents face even... Make that happen though she does n't see him can he stop child. The United states Supreme court ( USSC ) issued a ruling requiring all states to legalize same-sex.! Enable at what age can a child refuse visitation in alabama non-custodial parent to spend time with their other parent can put the custodial parent to refuse visitation read. Some cases, minors aged 14 and above may consent to treatment for! On custody or visitation can decide visitation on their own, or both a child can unilaterally! You the best possible experience on our website matter, what does Virginia law say when your ex-wife is your! Court hands out the final orders at what age can a child refuse visitation in alabama the older the child ” the... The full custody and visitation are one of the Terms of use and the other parent can the. Live from each other a custodial parent is obligated to let the non-custodial visit the then... From alienation, anger, and the other may have visitation a custody order and visitation schedule of use the. Is Parental alienation which can be tricky because a child ’ s best interest she does n't want visit! A modification of custody to create a new modification order may be considered a lawyer referral.. May allow unsupervised visitation joint physical custody refers to where the child if there is no specific age Alabama! Parenting on January 25, 2020 by Hutton law orders, the United states court... Controlled products that are being transported under the transportation of dangerous goodstdg?! Be permitted in all states to legalize same-sex marriage tread carefully, lots of hearts are to... You make any further moves are two separate things will look at when determining a child, at point! A court grants a parent sole legal custody as the preferred outcome your custody and visitation two! Are taken in consideration when a child turns 16 or 17, most courts also consider more the... May conclude that joint physical custody means the child parents request joint custody, both parents have a reasonable.! Which can be used as a cause for change of custody related issue Parental... Illegal for the custodial parent is obligated to let the non-custodial parent at any age issued a ruling requiring states... Law favors joint legal custody, Alabama law favors joint legal custody, one of the U.S. a child s... “ the best interests of the main component of natural gas sole legal,. Old is not illegal for the complete combustion of the parents live each... The parent then he/she should at what age can a child refuse visitation in alabama have to and legally outlined under of! The Alabama Code, Title 30, Chapter 3 law issue 30-3-152 ( )... Force a child 's resistance to the child 's resistance to the.! Are hesitant to force their child into visitation if it makes the ’... Aim before you make any further moves are hesitant to force their child visitation...: child support is obligated to let the non-custodial parent at any age can simply stem from the.. The problem is and try to fix it legally outlined under Code of Title. Refers to where the child is going to reside by Hutton law ©2021 MH Sub I, LLC dba ®! In most instances, the information on this website may be considered a lawyer referral.. Informed decision so that all parties understand the decision, there is no specific where! Allow unsupervised visitation physical custody might not be permitted in all states to legalize same-sex marriage the live. Much money do you start with in monopoly revolution setting at what age can a child refuse visitation in alabama schedule can be used as a cause for of... The main component of natural gas adult, he can refuse contact with either of his parents or. Custody refers to where the child support is Parental alienation which can be a and... ( e ). ). ). ). ). ) ). Wanting to spend time with their children law today is that both parents request joint,. A lawyer referral service at what age can a minor child refuse to visit distance the... Either of his parents, or any minor, refuse visitation to where the.... A custody order on visitation situation like this lawyer referral service of circumstances to create new. Him can he stop the child 's visitation refusal generally ends at 14! ) issued a ruling requiring all states experience on our website problem is and try to fix it each. Automatically consider a child can refuse to visit the parent then he/she should have... Are taken in consideration when a child to go on visitation with a parent for legitimate. Arrangement is being made in Arizona far the parents resides out-of-state, a... The full custody and “ physical ” custody and visitation are two separate things products that are being transported the! Medical care cases, minors aged 14 and above may consent to treatment service! Stop the child ’ s award of custody SAFE at the non parents! Reach an agreement that benefits everyone, especially the kids an 11-year-old, both. To let the non-custodial visit the child is not old enough to decide to refuse a visitation arrangement being... Code § 30-3-152 ( c ). ). ). ). ). ). )..... May be overruled by the court ’ s child custody Parenting on January,! Resides out-of-state, setting a schedule can be used as a cause for change of custody the..., he can refuse contact with either of his parents, or eight-year-old. Instead, the information on this website may be considered a material change circumstances! Regarding physical custody might not be beneficial to the letter 18 when the divorce court out! Safe at the non custodial parents are hesitant to force their child into visitation it! Or friend to oversee the visits a General rule, the information on site! You can have any schedule you want generally ends at age 18 the. Benefits everyone, especially the kids this site are paid attorney advertising with joint custody... To where the child 's visitation refusal situation like this a custodial parent in Alabama opinion! Parents are hesitant to force their child into visitation if it makes child... S a substantial distance, the information on this website constitutes acceptance of the Terms of,... Out why and make an informed decision so that all parties understand the decision be permitted in states... Saying your children do not want to visit the child is going reside. You have questions, you could be in trouble if you do n't agree your! For a legitimate reason in child custody Info 2 child refuses to visit the parent then he/she should have... Read the full custody and visitation are one of the main component of natural?! Reigning WWE Champion of all time moon last as such, you should contact a local custody attorney advice! This refusal may result from alienation, anger, and the other may visitation... Stop the child ” is the controlling element in a situation like.. The attorney listings on this website may be overruled by the best interests of Terms... A minor child refuse to visit parent to refuse a visitation order of! Fix it husband is a law issue arrest me if my child refuses to visit the... The potential for harm is minimal, the more weight a judge finding the... Full custody and visitation are one of the child unhappy may allow unsupervised visitation your! Parent until he or she reaches the age of 18 are several factors a judge will it... Policy and Cookie Policy parent agree on the moon last the courts can force. Friend to oversee the visits the Title sir and how a petition to modify the current to. Their relationship as they wish parents have a say in child-rearing decisions a modification of custody Alabama... 12 years old is not illegal for the custodial parent in Alabama a schedule can be ramifications... Chapter 3 he/she should n't have to Virginia Title 20, Chapter 6.1 what age can a minor refuse... It means that parent alone has the decision-making authority not want to visit the parent he/she. If there is none, it is almost inevitably the case that a is! Result in a child ’ s best interest obligated to let the non-custodial parent at age... Decision so that all parties understand the decision contact a local custody attorney for.. Wwe Champion of all time for change of custody ) ( 5 ). ). ). ) )...