Divorce is emotionally tough, particularly for children, who may feel confused, hurt, or resentful. These feelings can lead them to resist court-ordered parenting time. When a teenager refuses to go with a parent, it can impact future custody arrangements, depending on the child’s age. Please continue reading as we explore what happens when a teenager refuses visitation in New York and how an experienced Suffolk County Child Visitation Attorney can assist you during these difficult times.
What Happens When a Teenager Refuses to Go With a Parent in New York?
A court-ordered child parenting-time schedule carries legal authority, imposing strict adherence obligations on both parties. Unauthorized deviations from this established schedule may result in significant legal ramifications.
The parenting schedule is not subject to a child’s discretion, a principle particularly critical for younger children. Just as a child’s refusal to consume vegetables or complete homework assignments is not grounds for exemption, their disinclination to follow the parenting schedule is similarly without legal merit.
Children should be actively encouraged to maintain relationships with both parents, and each party bears the responsibility to ensure this availability. Following parental separation, children often undergo a difficult adjustment. If a child expresses resistance, the parent currently with the child must facilitate and ensure the child’s availability for the scheduled time with the other parent. Consistent and constructive encouragement from both parties can alleviate this process over time.
In specific instances involving older children who refuse parenting time, the custodial parent might not be held liable if the visitation doesn’t transpire. However, the custodial parent must provide evidence demonstrating that they did not intentionally impede the other parent’s access to the child. If the court determines that a parent has not adequately fulfilled their obligation to ensure parenting time, the existing order will be enforced.
Can I Seek a Modification?
In New York, parents who are denied parenting time may petition the court to modify the custody order. Such requests are predicated on assertions that one party is failing to uphold their responsibility to make the child reasonably available for parenting time as stipulated in the original order. For a modification request to be granted, the requesting parent must demonstrate that the circumstances have changed since the issuance of the original order and that the proposed changes serve the child’s best interests. When adjudicating a modification, a judge will assess each parent’s willingensss ot forster a constructive relationship between the child and the other parent.
For more information, please don’t hesitate to contact an experienced attorney from the Law Offices of Susan A. Kassel, P.C.
