Divorce can be harsh on children. Adjusting to a new routine as parents separate can raise many issues for the children involved. Once a custody and visitation schedule is established, ideally, parents and children can develop a new routine. However, raising children is tough, and it can be even more complicated when children resist leaving their home to visit the other parent.
Common Reasons Children Resist Visitation
Children might not want to visit the other parent for various reasons, such as wanting to stay home with their belongings and friends or because a visit conflicts with a birthday party, school event, or extracurricular activity. Accommodation can be challenging if the visiting parent has relocated to another town or city.
In other cases, children may not like their parent’s new partner or their children, making the situation more complex. In more severe cases, a child might not feel safe visiting their parent due to an unfamiliar environment or substance abuse issues.
Parental Obligations
Both parents must understand and address their child’s concerns. Open and honest discussions between parents are crucial. If one parent has physical custody most of the time, they have a greater responsibility to investigate the situation. Ignoring the child’s reluctance or failing to facilitate visitation can result in legal consequences for non-compliance with a separation agreement or court order.
Parents are responsible for their children while they are minors. Just as a parent can be held accountable for a child skipping school, they can be held in contempt for not ensuring the child attends visitation.
Addressing the Child’s Concerns
Here are steps to help your child understand the importance of attending visitation if there is no abuse or other serious concerns:
- Communicate with Your Child: Talk to your child calmly and try understanding their feelings. Avoid interrogating them. Determine if the issue is related to missing social events or discomfort with the other parent’s new partner.
- Share Information: If your child is upset about missing events, inform the other parent. They can include those activities in their schedule.
- Seek Professional Help: If the child’s discomfort involves the other parent’s partner or new family dynamics, consider speaking with a guidance counselor or family therapist.
- Address Safety Concerns: If your child reports abusive behavior or unsafe activities, contact child protective services for an investigation. Courts can order measures like breathalyzers in cars or drug tests if necessary.
Legal Actions and Responsibilities
Parents must adhere to the terms of their separation agreement or court order. They should consult their attorney about breach actions or contempt proceedings if there are issues. Claims of parental alienation can be brought to court, and a parent can be ordered to make the child available for visitation. Judges generally believe that children benefit from relationships with both parents.
Documentation and Communication
Maintaining a detailed communication log is helpful for court reviews. Texts, emails, and family communication apps can prove how visitation issues have been discussed and handled.
Supporting Your Child
It’s important not to dismiss your child’s concerns or tell them it’s okay to skip visitation. Instead, provide helpful advice and suggestions to resolve the issues, much like you would if they had a problem with a teacher or friend. Be reassuring, remind them when you will pick them up, and set times for phone calls.
Working Together
Getting visitation to work requires cooperation from both parents. Amending the schedule or making accommodations can ease a child’s concerns. With effort and communication, a workable visitation plan can be achieved.
The Law Office of Dustin McCrary – Here to Support You
At The Law Office of Dustin McCrary, we understand the complexities of visitation issues and are here to provide the guidance you need. If you’re facing challenges with your child’s visitation schedule, contact us today to learn how we can help you navigate these difficult situations and support your family’s well-being.