what age can a child refuse visitation in michigan

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November 29th, 2020

Would you like the court to order you to be around someone who is emotionally unhealthy for you. This is false. 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. Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to. A custody order is granted as part of a divorce case (if you are married) or a custody case (if you are not married or if you don’t want a divorce). And yes I have a re order and I’ve been to rehab. Required fields are marked *. I also see her on Wednesday’s for dinner. Maybe it would be possible to involve a therapist to help this situation. This refusal may result from alienation, anger, and sometimes fear. Phyllis MacCutcheon licensed in CT and NM only. What should I do? However, there can be legal ramifications in cooperating with a child's visitation refusal. • You're doing the right thing in encouraging him to go, but it's up to him. The situation is increasingly problematic as the child approaches the age of majority (18 years old). What is someone supposed to do then? Giana Messore licensed in AR only – Little Rock, AR. I pay child support. More THIS IS AN ATTORNEY ADVERTISEMENT. The child refuses the visit. The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child. Some people have mental illness that are difficult to digniose such as; anti socail disorder, etc. Obviously the child lives with the father but does not want to see the mother. Jeez kids have feelings too. California says 14 years old and the child has a voice. A minor can nominate a guardian at the age of 14. A custody order can generally be modified on four different grounds: 1) an agreement by the parties plus it is in the best interest of the child, 2) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with, plus it is in the best interest of the child, 3) the parent with the exclusive right to designate the primary residence has voluntarily relinquished primary care and possess of the child for at least six months, plus it in in the best interest of the child, and 4) there is a material and substantial change in the circumstances of the child and it is in the best interest of the child. A custodial parent is a parent who has the child living with him or her and has primary care, custody and responsibility for the child. Sometimes it is jealousy of other siblings that brings on not wanting to visit. Proving you are not the biological father while still legally married, Cordell & Cordell’s Virtual Town Hall Offers Tips on Progressing Your Divorce Case During COVID-19, Cordell & Cordell Virtual Town Hall Emphasizes the Importance of Strategy in Divorce Cases, Cordell & Cordell’s Virtual Town Hall Highlights Dirty Tricks in Divorce, Click here for a full listing of offices nationwide. Her older son has been manipulated to not visit his dad either. That is ridiculous. In Georgia, once a child turns 14 he or she may choose which parent will be their primary custodial parent, however, there are instances when a judge can overrule the child’s election. The ex has now resorted to calling the police every time she doesn’t want to honor the court order, instead of just doing what is right. Here are some ages that have some significance under Michigan law for minors. Ms. Hankinson received her bachelors’ degrees in both Finance and Political Science from Santa Clara University in Santa Clara, California. Many states’ laws, however, require judges to consider a child’s custodial preference when determining child custody. Especially with no money to fight?? Save my name, email, and website in this browser for the next time I comment. Read this article to learn more about how custody and parenting time decisions are made. The root of the problem is these damn medications that make people crazy, literally. my daughter is 10 years old and it is court ordered for her to see her father but the last 2 weekends she has come home saying thank god that weekend is over she don’t like it there they are mean to her they blame her for stuff that she don’t do they yell at her for every little thing and they harldy have food in the house like for today my daughter said she only had cereal and chips today because no one cooked anything. Home / Articles / Can a child refuse visitation with a parent? This should not change simply because of divorce. It’s really bad and there step mom put her nose in our kids issues. Today she filed a bogus charge against my husband. But I’m afraid that if I refuse to go he will try and get my mom in trouble. This article will explain how a child’s preference affects custody in Michigan. But is there any way that my dad could get my mom in trouble if I don’t want to go? Am I capable of refusing to spend time with him on his weekend although he has custody of me? It is both a sin to do so and a belittling of the role of each parent in the life of his/her child. Is there a way I can stop these visitations? It can refuse to discuss the child with that parent and can refuse entry onto school grounds. In order to modify an earlier order, a new suit must be filed. Cordell & Cordell has men’s divorce lawyers located in 18 states. You have probaly not let your children OD, play with your illegal drugs, let you 3 yr old play with power tools. Anytime children refuse to participate in a planned visit with their other parent, you should: Talk with them about why they do not want to participate in the visit (if they are concerned for their safety, contact your attorney for advice). A parent should not act on a child's initial impulse; instead, the parents should communicate about possible causes of the child's refusal to visit. However, as a practical matter, it is unlikely that anyone can physically compel the 15-year-old to go to the other parent's house without making a big ruckus. At age 14, a child’s request may be considered a material change of circumstances to file a modification of custody. Avoiding Contempt When a Child Refuses to Visit with a Parent . take your baby to drug dealers with 2 attack dogs, killed your pets in front of children. Your IP: 205.186.161.114 I think children should have a option whn they understand and can talk around 6 yrs old ! The list goes on and on. Seems hopeless at times but at least my kids have been taught to stand up for what they believe and respectfully voice their concerns.

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