I tried everything except turning him into the child welfare dept. Custodial interference occurs when a parent interferes with the rightful parent's physical custody by not returning the child. Often one parent will retain physical custody, while sharing joint legal custody with the other parent. It is almost inevitably the case that a child, at some point in time, will refuse to visit with the other parent. Disparaging the other parent, asking the child to report on or "spy" on the parent's personal life, or attempting to make the child refuse to see its other parent can all constitute interference. Child’s Wishes for Custodial Parent is Currently Up to Judge’s Discretion Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. Your child's request to live with your ex doesn’t have to be seen as a negative evaluation of who you are as a person or a parent. She is supposed to return on August 14 to SC. Non-custodial parent lives in Oregon and the custodial parent lives in South Carolina. If the non-custodial parent is calling the kids at a time when they would reasonably be in bed, or is calling many times in a day, it could be reasonable to deny some of those calls. Unfortunately, it is not too uncommon for a noncustodial parent to attempt to convince their child during visitation that the child should say they want to live with them. Badmouthing your co-parent in front of your child or interrogating your child about the visitation once they get home could influence your child's desire to be with their other parent. What are her rights in SC, the state which holds jurisdiction over the custody case. If the non-custodial parent refuses to return the child it may be considered kidnapping. Types of Child … The child can't refuse, they are too young to decide for themselves. While there may be a tiny ethical grey area here, if a noncustodial parent provides any sort of incentive, it will likely run afoul of the laws that protect against custodial interference. Children not wanting to spend time with their other parent can put the custodial parent in a precarious catch 22. Parents are put in a tough situation when a child refuses visits. Just because your child says they want to live with you full time and they want to tell that to a judge does not mean … Talk to your child about why they don't want to go. My question involves a child custody case from the State of: Indiana 1> I am the NON CUSTODIAL parent. Try to reason with your ex by explaining your desire to keep seeing your children regularly and laying out your financial limitations. The parenting plan states that if the non-custodial parent wishes to have the kids travel by train, plane or bus, … read more She refuses to go back. If there are issues that affect your child’s safety or welfare, then you should speak to your attorney whether or not you need to seek a modification of the child custody agreement. My son is twelve years old and is refusing to go on his scheduled visits with his father. In many states, judges will consider not only the parent’s desires but the child’s custodial preferences as well. Today I am going to talk to you about what to do if your child does not want to visit with their other parent. If you’re having a hard time viewing your child's request objectively, talk with a friend or counselor about how you can separate your child’s request from your identity as a parent. If your child's father won't return your child, or if child custody interference or parental kidnapping have kept your child from you, these tips will help you get your child back into your life, including information about parental alienation. Both parents share equal custodial rights, and they're entitled to equal shares of ... the parent in physical possession of the child has no right to keep the other parent away or set time limits on visits. The non-custodial parent lives in the same area where the child lives now. However, in other situations, one parent retains custody (the custodial parent) and the other parent does not have custody (the non-custodial parent). In most states, the courts consider taking a child from his parent with the intent to interfere with that parent's physical custody of the child, even if the that parent also has custody rights, as a crime that is punishable by jail time, according to Myfamilylaw.com. He wants to live with me. Minor children who are otherwise not legally emancipated are subject to the control of their parents. Sometimes children leave the custody of the parent who receives child support, but don't go live with the noncustodial parent. Also, you should contact your child’s other parent as soon as possible, and give the other parent the opportunity to talk with the child or suggest other strategies to help make the visit happen. My 14 yr old daughter is currently visiting me (non-custodial parent) in WA and refuses to return to her father (custodial parent) in SC. Some parents share custody. https://mymodernlaw.com/blog/custodial-interference-can-backfire Divorce Divorced Parents: Kids Should Decide Where They Live/Custody Divorce can be ugly, but it doesn't have to be ugly for the kids. So if an unemancipated 14-year-old child wants to live with Person X, if a parent opposes that, and if Person X refuses either to return the child to the parent or to eject the child from Person X’s home, that constitutes kidnapping. Which usually means that the child lives with each parent part-time (although it may not be an even 50-50 split). If your child refuses to or starts acting out when going to the other parent, you need to speak to them and find out exactly why they don’t wish to visit the other parent. 3> Our 17 year old son came to my home for his scheduled summer two week visit and refused to return to the custodial parent. the aggrieved parent may (quite reasonably) feel that if anyone is to lose time, if should first come from the parent who has had more parenting time, and at the very least lost time should be split between the parents. She wants to live with me in WA. That the child is very strong willed and is not afraid to stand up to those who may try to intimidate the child in returning to the custodial parent's home. I … It is only natural that we want to “do” something to take away their pain and help them cope with parental rejection. (He has visits every other weekend according to our divorce decree). In some situations, children go to live with grandparents, aunts and uncles, or friends. His father is currently incarcerated and he wants his son to live with me, also his son wants to live with me. Child custody and visitation. If the child's ... he may have no rights if the legal parent refuses to allow visitation. 2> The custodial parent has sole custody. Courts assign visitation for the purpose of encouraging non-custodial parents to maintain regular contact with their children. to convince him to go back to the custodial parent. Unmarried Parents. Some states protect the non-custodial parent's right to maintain an ongoing relationship with their children, while other states protect the custodial parent's right to relocate for employment or family reasons. That means that if the custodial parent declines one or two phone calls out of 15 in a month, it might not be a pattern. The non custodial parent is very concerned and has learned much of the problem arises from the child's home life and not getting his homework done while with the custodial parent. My 17-year-old son has run away from his custodial parent and has told his school counselor and others that he would rather kill himself than go back due to many ongoing issues which have become too much for him to deal with. It's the parents job to make them go and the custodial parent have to follow the court order. Indiana law protects the rights of both "custodial parents" (the parent who primarily lives with the child) and "noncustodial parents" (the parent who spends less time with the child). Badmouth the other parent. Problems regarding child custody and visitation are an unfortunate experience that most divorced parents face, even after an amicable divorce. If this occurs, it often places the custodial parent in a very uncomfortable position. Children usually want to please their parents and they often wish they could live with both parents as a family so in their mind there is no inconsistency. Hi, my name is Daphna Schwartz and I am a lawyer with Feldstein Family Law Group. The laws relating to a child's preference for his or her custodial … There are two kinds of child custody: legal custody and physical custody. When a child refuses to visit with a parent, this scenario (1) prompts distrust and suspicion between the parents, (2) creates an awkward situation between the parents and the child, and (3) puts both parents in legal jeopardy if they don’t handle the situation appropriately. Possible Consideration of a Child's Age When Determining Custody. 17-Year-Old Will Not Return to Custodial Parent, Non-Custodial Parent Taken to Court My question involves a child custody case from the State of: Michigan. However, what looks reasonable on paper doesn't always work in real time, leaving many parents wondering, "Can I refuse to send my kids for court-ordered visitation?" When parents separate, one of their hardest tasks is deciding on a child custody arrangement for their children. However, one thing remains the same—unemancipated children under the age of 18 typically do not have a right to choose which parent they live with after a divorce. Can a 15 year old petition the law to live with a non custodial parent [ 7 Answers ] The child is currently living with a family he has known for 2 months. Both types of parents have specific custody and visitation rights, but a child’s best interests—not parental rights—will guide Indiana judges making custody decisions. In Kentucky, what age can a child refuse to go on visitation with non-custodial parent? Contact must also must be reasonable. Try to get to the bottom of why your child doesn't want to spend time or stay with your co-parent. Posted Nov 02, 2012 But the custodial parent must understand that major decisions implied by have shared legal custody will need to be worked out with the non-custodial parent - just because the child lives primarily with one parent does not give that parent the sole authority to make all important decisions on the child's behalf. Physical custody, designates where the child will live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. 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. A question custodial parents often ask is, “What can I do if the other parent doesn’t show for visitation?” As parents, we feel our child’s pain when the other parent fails to exercise parental visitation. Both parents may believe they know what’s best when it comes to custody, and each child may have an opinion as well. 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