What if a Child Does Not Want to Go to a Visit?

October 3, 2023

In your divorce, you and your ex received a parenting time schedule that sets forth when your child will be with you and when they will be with their other parent. While you have carefully kept to the court-ordered schedule, your child may – at some point – not want to visit their other parent. If this is the case, it puts you in a difficult position, but it’s not something you should take into your own hands. Your ex’s visitation schedule is court-ordered, which means any changes need to come through the court.

If you are facing parenting time concerns, don’t wait to consult with an experienced Santa Barbara child custody attorney.

If Your Child’s Safety Is in Jeopardy

If your child doesn’t want to visit their other parent and you believe their safety is in jeopardy when they do visit, it’s an urgent matter, and you should reach out to your dedicated child custody attorney immediately. Your child’s safety is always paramount. Generally, however, children have more mundane reasons for not wanting to visit with one parent or the other.

The Best Interests of Your Child

In California divorces, the court always takes the best interests of the children into account when determining parenting time terms. Barring a compelling reason for ruling otherwise, California courts attempt to maximize the amount of parenting time each parent receives. When children can stay close to both parents, it supports them emotionally, and the courts take this benefit seriously.

Your Child’s Reasoning

Kids have many reasons for not wanting to visit another parent. Common examples include:

There can also be more nuanced reasons for your child wanting to skip visits with their other parent, such as not wanting to hurt your feelings. As a parent, it’s important to help your child understand that their love for their other parent does not interfere with your own relationship and that you support their close bond.

If the problem is more logistical in nature, such as if your child’s schedule has become so busy that keeping up with the parenting plan is getting more and more difficult, a modification may be in order. And your accomplished child custody attorney can help you with that.

Your Child’s Age

California courts generally consider children who are at least 14 years old to be of sufficient age to weigh in on the matter of their own child custody. Your child’s preference will not be the court’s main concern, but it will likely be taken into consideration.

It’s Time to Consult with an Experienced Santa Barbara Child Custody Attorney

The distinguished Santa Barbara child custody attorneys at Bamieh & De Smeth focus their practice on helping clients like you obtain parenting time terms that support their parental rights, and we’re here for you, too. To learn more about what we can do to help, please don’t put off reaching out and contacting us online or calling us at 805-643-5555 today.