January 15, 2020

When it comes to divorce, there are sometimes simply no easy answers. If there are children involved in the matter, things become even trickier. No matter the disposition of the divorce, if there are kids in the mix, there will be a custodial order, and there will possibly be a visitation schedule specified.

In most instances, it’s up to the parents to abide by the custodial orders and the visitation schedule. But what if the child decides he doesn’t want to spend time with the other parent? That becomes an even more difficult matter. So how do child custody laws in Ohio view a refusal of a child?

What if a Child Refuses a Legally Mandated Visit?

At a young age, a child may not have much of an opinion, or even an understanding of the divorce and the resulting custodial orders. However, as a child gets older, they may start to have more of an opinion. As tempting as it may be to give a minor child a voice in who he spends time with, the truth is that until they turn 18, they don’t have much of a choice.

Why is that? Overall, courts hold the view that having two parents in a child’s life is beneficial for the child’s development. Put another way, your child may not have much interest in eating their vegetables, either, but doing so is obviously part of raising a healthy child.

In the end, a child may not want to go spend time with the other parent, but unless there is a justifiable reason why, not sending a child on court-ordered visitation can result in penalties for the parent who doesn’t send the kids under child custody laws in Ohio.

What’s Driving the Refusal?

If the visitation refusals extend beyond the usual, it may be time for parents to reassess the custody order and visitation schedule. What’s motivating the refusal? Is there a change in the child’s or parents’ schedule that is leading to the refusal? Is the other parent attempting to “poison the well” so to speak?

Depending on the motivating factor behind the refusal, it may be time to revisit the court-ordered visitation schedule, or seek mediation. Both are covered under child custody laws in Ohio, and finding a court-approved resolution to the matter is always preferred to keep both parents and the child involved from a legal perspective.

Factors to Consider

It’s important for the child’s well-being and both parents’ legal rights to look beyond the refusal and seek answers. Child custody laws in Ohio do require the visitation schedule be respected, but forcing a child to visit a parent against their will can only seed more resentment. It’s not advisable to continue to force visitation against a child’s will without seeking help from the courts.

For instance, instead of a mid-week visit, would the child be more open to video-conferencing with the parent they are refusing to visit? Would it be more beneficial for the child to spend increased time at another time of the year? Or, is one parent disparaging the other parent in an attempt to color the child’s willingness to spend time with them? All these factors need to be considered when a change to a visitation schedule is proposed.

In any event, it’s always important to keep the ruling legal authority involved in any changes to a visitation schedule. Child custody laws in Ohio were developed to help protect both parents’ and children’s rights under the law, and need to be respected. If you’re child is upset about the child custody visitation schedule you and your ex-spouse agreed on, it’s a good idea to seek legal advice before the situation escalates and becomes very stressful for your family. I have the experience to help you through changing your court ordered visitation schedule. Contact my office today.