Home > Faq
If a child does not wish to see his/her non-custodial parent, but the parent has visitation rights per a court order, there are several factors that are taken into consideration to pursue visitation rights. First off, if the child is 16 years of age or older, than a court may determine that the child is old enough to make an individual decision about whether or not they want to visit their non-custodial parent.
However, keep in mind that a custodial parent must legally encourage child visitation with their ex-spouse. A custodial parent should never undermine or bad-mouth their ex-spouse in front of their children or attempt to ruin the relationship between a child and their other parent.
If a child is younger than 16, then the courts are obliged to force child visitation with their non-custodial parent, whether or not the child wants to. It is important to remember that every parent has the Constitutional right to have visitation with his/her child unless there are extenuating circumstances that would restrict visitation rights such as abuse. Furthermore, almost every court finds it in the child’s best interest to be jointly raised by both parents.
Please contact us to speak with a qualified and experienced divorce attorney who can inform you of your legal options and protect your rights.
back to FAQ main menu