Child custody and visitation are often the most contested topics in a divorce case in Sacramento. When making these orders, the courts will address the child’s needs and protect the child’s best interests above all else. If the child is old enough, the courts may take into consideration the child’s personal preferences.
Will the Courts Consider the Child’s Wishes When Determining Custody?
Whether or not a child’s wishes are taken into consideration during a custody case in California depends on the child’s age and mental capacity. California Family Code § 3042(a) states:
(a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation.
State law places a minimum age limit on the ability to address the court regarding custody or visitation. This age is 14 years old. A younger child may be permitted to address the court, however, if the court determines that it is appropriate based on the child’s best interest.
Can a Child Refuse Court-Ordered Visitation in California?
If a judge grants visitation rights to one of the parents as part of a family law case, the order must be adhered to. One parent cannot prohibit the child from visiting the other. However, court orders do not apply to children; a child will not face civil or criminal penalties for refusing to obey a visitation order.
Should a child refuse to visit a parent, the case may end up back in court. A judge will consider the reason why the child is refusing visitation. The judge may assess how supportive the custodial parent is of the other parent’s relationship with the child. If the parent is suspected of parental alienation, action may be taken against that parent to remedy the situation.
If the child is still refusing visitation with one parent, the courts may agree to modify the visitation order temporarily. They may grant sole custody to the other parent until the child is willing to visit with the other. In the meantime, the court may make other orders to try to repair the underlying family issue, such as requiring therapy for the child.
What to Do if Your Child Is Refusing Visitation
A child can technically refuse visitation in California at any age. The age at which the courts are most likely to listen and take the child’s wishes into consideration for a custody order is at least 14. If your child is refusing visitation, start documenting the situation. Describe each incident where your child refused. List the exact date, the reason your child gives, and any related behavioral issues or patterns.
If you are the custodial parent, you have a responsibility to encourage your child to visit your ex-spouse according to the terms of the custody agreement. If you believe visitation is not in your child’s best interest or could put your child in danger, go to the court immediately to request a modification.
Finally, consider talking to a child custody attorney in Sacramento about your situation and possible legal solutions. A family lawyer from Boyd Law can help you understand your parental rights, give you tips on how to handle a child who is refusing visitation and go to the courts with you for a remedy, if necessary.
