This is the next post in my series on whether Melbourne, Florida children can refuse visitation with a parent. My last article addressed whether there is an age when children can completely refuse visitation. In Florida, as in many other states, a child does not have the absolute right to do so prior to reaching the age of majority. The Court may, however, grant a youth a great deal of discretion in regard to their visitation schedule. An experienced attorney can help you with navigating the complexities which come with having older children. In this article, I will discuss the legal process of dealing with children who are refusing to follow through with a court ordered schedule. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida Courts may modify a child custody arrangement if a parent is coaching a child to refuse visitation
There are several reasons why a child may refuse to follow through with a visitation schedule. In the case of older children (especially teenagers) such a refusal may be the result of the child attempting to exercise independence. Unfortunately, however, teenagers and younger children sometimes refuse to follow through with visitation due to coaching by one of the parents. If such coaching is occurring then the Court may be likely to modify the visitation schedule, if not change custody outright. Whether the Court will take such action is going to depend on the nature of the problem, the length of time which it has been occurring, and other specific facts in the case.
Parents must remember that a factor that is considered in all custody cases is the extent to which each parent attempts to foster a relationship between their child and the counterpart. It goes without saying that coaching a child to refuse visitation is the opposite of fostering a relationship. Such coaching can, therefore, form the basis of a request to change child custody as it constitutes a change in circumstances since the last custodial order and is generally considered to be against the best interest of the child.
Courts may require the child to attend family counseling if a visitation refusal is not due to parental coaching
If there are problems between a parent and a child who is refusing visitation then the Court may order the attendance of family counseling if coaching is not involved. If a parent-child relationship is showing signs of problems then it is not typically seen as the role of the Court to parent the child or otherwise interject itself. The Court is more likely, in such situations, to involve other qualified professionals who are better equipped to deal with the situation. If such counseling is ordered then the parent with primary custody will typically be tasked with ensuring that the child attends counseling.
If you are a parent and are struggling with child visitation then contact my office today to speak with a Melbourne child custody lawyer. I practice in no other area besides family law and I understand the difficult issues raised in such cases. I strive to provide the highest levels of service and I look forward to being of assistance. Contact us online or by telephone today. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.