She comes from Texas, and is visiting Illinois, she flys, she refused to get on the plane to return home. The custodial parent must comply with the visitation schedule (sometimes called a parenting plan) established by the court. Can a parent keep a child away from the other parent following a divorce? In such situations, the attorneys and parents are excluded from the conversation. What If the Custodial Parent Refuses to Allow Visitation? One of the twins is refusing to visit her father as a result of issues with their father. 2011-08-01 15:41:09. This also depends on whether there is a custody order. First, let me tell you, I am NOT a lawyer and I cannot give you legal advice. How old must a child be in order to choose which parent he or she wants to live with? Thank you for this question. Answer: Please note that these rules change according to state. Parents often lament that children have minds of their own, and there's no doubt that this statement rings true for many families. What can I do to ensure I am not charged with custodial interference? This is true even if the non-custodial parent is not paying their child support. The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. However, there's not a lot of tolerance when a child exercises that willpower by refusing visitation. I have physical custody of 14 year old twins (divorce finalized years ago). If they do not, then the custodial parent can be held in contempt of court. As a parent you may feel like your hands are tied, especially after a divorce or separation. Technically, if the non-custodial parent has court ordered visitation, then the child and custodial parent have to comply with it. Custodial Interference Can Backfire. Is this level of refusing to co-parent a proper reason to lose custody of a child? If the non-custodial parent refuses to return the child it may be considered kidnapping. Learn more about what to do when a child refuses visitation. Can a non-custodial parent refuse to return a child after visitation ends? I love it! 15 year old neice is visiting father out of state for scheduled visitation. The non custodial parent has attempted to co-parent but the custodial parent doesn't want to hear it and refuses to communicate with the non-custodial parent. Presence of any uncertainty, confusion, fear, or insincerity in the child’s expression of a custodial parent preference; Judges may prefer to discuss custodial parent preferences and custody arrangements with children in chambers in a more private setting. My 16 year old daughter refuses to return to her custodial parent after holiday break visitation with me. 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