When Your Child Refuses Visitation

What Can You Do If Your Child Doesn’t Want to Spend Time with You?

When Your Child Refuses VisitationDivorce is difficult on everyone, but tends to affect children much more than adults. From toddlers to teenagers, kids are often acutely aware that their situation is different from most, if not all of their friends. Constantly going back and forth can be exhausting, and can leave children feeling like they don’t truly belong anywhere. Often, that can manifest in a child’s desire or decision not to spend time with a non-custodial parent. When your child tells you or your ex that he or she doesn’t want to have visitation, what can (and should) you do?

The Law in New Jersey

Technically, a child must be at least 18 years old in New Jersey to have the legal right to choose where he or she wants to liveā€¦and to choose not to see one of his or her parents. That doesn’t mean, though, that a younger child may not be granted that right by the court. However, for a minor to have the legal right to refuse visitation, the minor must go to court and get a signed order from the judge.

As a rule, the courts tend to be open to a request for refusal of visitation. First, though, the court will typically have a hearing to gather additional information. The judge will carefully gather evidence, seeking to ascertain whether the custodial parent has wrongfully influenced the child, or is offering some type of reward or benefit if the child refuses to see the non-custodial parent. The court may also examine whether there is any threat of harm or physical abuse to the child, either from the custodial or the non-custodial parent. In these types of hearings, the court may also take testimony from the child, and may give weight to that evidence.

Talking to the Child and to the Custodial Parent

Generally, though, using the courts to enforce a visitation order against your child is not recommended. The quality of your visitation will likely be minimized when it is compelled.

Your first course of action may be to talk with the custodial parent, to see if they have a better understanding of why the child is refusing visitation, or to see if they are complicit in the refusal. It can also be beneficial to speak directly to your child, to see if there has been some miscommunication, or to attempt to mend a damaged relationship.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

After much reflection, I have decided to retire from the practice of law, after 43 years, and to close my office, effective 12/31/23.

There are a number of reasons, including substantial health concerns in my family (not me), I am needed elsewhere.

It is also my age. I turn 69 shortly.

It is just time.

I therefore cannot accept any new cases, as I do not want to start a matter I probably cannot finish.

I have spoken with several experienced family law attorneys who I respect, who are willing to accept referrals from me. If you want names, please let me know.

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