Custody cases can be long, frustrating and emotionally draining battles. Reaching a decision after engaging in long negotiations and mediation can be satisfactory for both parents.
However, after the hearing and court’s decision, there can be cases where you can feel the emotional stress. One such instance is that your child can refuse to see the other parent.
Atty. Tyler Monahan of Turner-Monahan, PLLC, elaborates on the topic in the video. If you are in the middle of a custody battle or your child refuses to see the other parent, you can contact the firm to speak to an attorney. Your case will be evaluated, and the solutions will be suggested in the light of Texas Family Law.
At What Age Can a Child Refuse Visitation in Texas?
In Texas, no age under 18 allows a child to refuse visitation. Since visitation is the right of a non-primary parent, the custodial parent cannot take that away. Similarly, the primary parent or the custodial parent has authority over the child, so the other parent can not keep the child from them.
However, there are situations where they don’t want to visit the other parent or live with them. Whether it’s during the holidays or in the normal routine, the parent cannot fulfil the child’s wishes.
In addition, when children get to the age of 16 or 17 years old, they start making decisions. There are instances where they will decide they’re not going to go to somebody’s home. Moreover, one parent may be unable to have the child go to the other parent’s home or the child, and the other parent may not get along.
In all of these cases, regardless of the child’s age, as long as they are below the age of 18, the parent cannot go against the court orders. The only way to support the child decides to file a modification order.
The Visitation Issue & The Texas Family Code
The Texas Family Code has introduced laws that holistically cover all aspects of family cases, such as the emotional ones. For instance, the sec. 153. 009 empowers a child to voice their opinion regarding visitation and several other sensitive issues.
Here is the summary of sec. 153. 009:
Interview Of Child In Chambers:
- In a nonjury trial or at a hearing, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child’s wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child’s primary residence.
- In a nonjury trial or at a hearing, the court may interview the child in chambers to determine the child’s wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship.
So anytime you have a child who refuses visitation, you should contact an attorney. Discuss your case and the possible options and get a modification on file. In addition, you can also get some sort of emergency relief in situations where it’s appropriate not to have your child go over to the other party’s home.
Hire A Fort Worth Attorney
Turner-Monahan, PLLC is experienced, dependable and aggressive in protecting the clients’ rights. Whether it’s a divorce case or a custody battle, the attorneys will fight for your best interest. Schedule a free consultation with Tyler Monahan today!
Moreover, if you wonder if the laws are different for the father vs. the mother during a divorce, read more here. In addition, you can go through our blog to gain more insights into child custody cases in Texas and other family law issues.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
