This is the next article in my series on when child custody agreements end in Melbourne and other parts of Florida. My last article explained that visitation orders are in effect until a child turns eighteen or is emancipated. Courts, however, will quickly revise a child custody order if it is not in the current best interest of the child. An attorney can assist with filing a Supplemental Petition and getting your matter before the Judge. In this article, I will be discussing tips for dealing with a child who is refusing visitation. If you are in need of assistance then contact my office today to speak with a family law lawyer.
It can be common for children to refuse to follow visitation orders. This can be especially true as a youth ages and becomes a teenager. It is understandable that children may not wish to adhere to a strict schedule once they reach an age where they would rather be with friends or engaging in school activities. Florida is like other states, however, in that it does not allow a child to completely refuse visitation. Moreover, each parent is tasked with the responsibility of encouraging the child to have a relationship with their counterpart. When a child is simply refusing to follow the current visitation schedule then there are multiple options for dealing with the situation.
The first option for parents is to devise a visitation schedule which grants the child a certain level of flexibility. An example of this could include an arrangement in which the minority-time parent receives a certain number of visitation days per month, without those days being set. The parents will agree to the days on a month-by-month basis. This can allow for flexibility around a child’s sporting events, social activities, or other school functions. While these types of arrangements are highly flexible, it is important to understand that the court will expect a parent to receive all of their ordered visitation. If the minority parent is not receiving all of their days, then the Court may revoke the arrangement and put a stricter schedule in place.
Another option is to file a Supplemental Petition with the Court if the other majority-time parent is not requiring that they adhere to the visitation schedule. I have previously discussed the fact that parents sometimes coach a child to refuse visitation. For obvious reasons, such coaching is the opposite of encouraging a child to adhere to a visitation schedule. When such coaching is present, the Court will often take action. Remedies can include the Court outright changing custody. Lesser remedies may include compensatory time for the non-offending parent and the potential of the offending parent being held in contempt. How the Court will deal with a given situation is always going to depend on the specifics of the case.
If you are involved in a family law dispute then contact my office today to speak with a Melbourne child custody lawyer. I devote my practice to the handling of domestic relations cases and I understand the importance of such situations. My office strives to provide the highest level of representation as well as a high level of service. Contact us online or by telephone to schedule an initial consultation. 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.