Does a child have the right to refuse child custody orders? 25 Answers as of July 09, 2013

My son's father passed away recently. I have now been ordered to have him visit his grandparents one weekend a month. I had offered a few hours a month at this time, as my child is adjusting rather well and doesnt need to be re-exposed to the grieving of his grandparents. Does my child have the right to refuse to see his grandparents even if it is court ordered?

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
No, and if you ignore the order you can go to jail.
Answer Applies to: Georgia
Replied: 10/28/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
How did grandparents get court ordered visitation. That is not legal in Texas absent a very strong showing that it would significantly impair the child's emotional wellbeing. Neither here not there, the child can refuse but if it is court ordered you cannot. It is a very fine line.
Answer Applies to: Texas
Replied: 9/26/2011
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
This would depend on the age of the child.
Answer Applies to: California
Replied: 6/21/2013
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
The visitation order applies, and you should encourage your child to visit and do everything possible to comply. If you think the atmosphere is harmful to the child, you should have the child speak to a counselor and establish a relationship, and, if necessary, go back to court to modify the decree if necessary.
Answer Applies to: Louisiana
Replied: 9/23/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
A child-may decline to go for the visit, but it will likely count against the custodial parent in the long run. Speak to an attorney about the matter.
Answer Applies to: New York
Replied: 9/22/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    If there is a court order, then you child does not have the right to refuse; however, YOU, as his mother, have the legal right to return to court to explain the problem. At the end of the day, the Court will issue orders that are in your son's best interests. So, if grandparents are crying the time and depressed, for example, then that is BAD behavior and is NOT in your son's best interests. I recommend you, at the very least, consult with an attorney, to discuss your legal options.
    Answer Applies to: California
    Replied: 9/22/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Would a father have the right to refuse an order for child support even if it is court-ordered? No. If you feel that this is detrimental to the child (how old is he?), then file a Petition for Modification or suggest that they see the child with a psychologist present.
    Answer Applies to: Pennsylvania
    Replied: 9/22/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    A child does not have the right to dictate the terms of the court order and the order must be complied with.
    Answer Applies to: Georgia
    Replied: 9/22/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, merely because the child is the subject of the court's order in no way implies that he has the discretionary right to decide whether or not he will be subject to and obey it.
    Answer Applies to: Virginia
    Replied: 9/22/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No. Children are obligated to obey court orders just as adults are.
    Answer Applies to: Colorado
    Replied: 9/22/2011
    Law Offices of Thomas D. Nares
    Law Offices of Thomas D. Nares | Thomas D. Nares
    Your child is not ordered to do anything. However, the grandparents have been awarded visitation and you may not interfere with the order. It's very tricky. If the child does not want to go with the grandparents through no coaxing from you, what are you supposed to do? How old is your child? It may make a difference. I would also be curious to see the basis for the court order since you have a constitutional right to regulate the visitation, as long as you don't deny it all together.
    Answer Applies to: California
    Replied: 9/22/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    No. Unless the order is changed by the judge you must comply.
    Answer Applies to: California
    Replied: 6/21/2013
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    No, if court ordered you must comply.
    Answer Applies to: Tennessee
    Replied: 6/21/2013
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    The short answer is no. You neglected to tell me how old the child is (a possible factor) and why the court ordered grandparent visitation.
    Answer Applies to: Ohio
    Replied: 7/9/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    A court order is supposed to be obeyed until it is modified or vacated. To modify the order so that the child can refuse to visit with the grandparents requires filing a motion with the Court. You might ask youself if you would think this request were appropriate if the shoe were on the other foot and you were deceased and your grieving parents wanted to see their grandchild. Isn't family unhappiness a fact of life for a child? Additionally, what would the grandparents' grieving cause them to do which would be harmful to the child? After all, wouldn't the child share in the grieving feel supported by his deceased parent's, who feel as he does, even if you do not?
    Answer Applies to: New Jersey
    Replied: 9/22/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Is your case in Florida? If so, that court order is unconstitutional and needs to be challenged. Grandparents do not have any visitation rights in Florida. You should consult an attorney immediately.
    Answer Applies to: Florida
    Replied: 9/22/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    I assume from your question you are not from Washington. In Washington a child never gets to decide where to live. Their opinions, in some circumstances, can be considered.
    Answer Applies to: Washington
    Replied: 9/22/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    A child should not be put in the horrid position of having to make these choices and put more pressure on him. I assume a gal was involved with this order? Follow the court order or risk contempt and more stress.
    Answer Applies to: Wisconsin
    Replied: 9/22/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    court orders should be obeyed unless they are modified; you will be subject to a contempt motion. Your child should have a GAL or attorney appointed to advocate for the child.
    Answer Applies to: Connecticut
    Replied: 9/22/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Contact a lawyer. There has been recent case law that abrogates grandparents' rights if the custodial parent deems it not in the child's best interest. I'll be glad to help you with this, if you call my office for an appointment. Just have my secretary Chrissy schedule you in. Stay well.
    Answer Applies to: Alabama
    Replied: 9/22/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    No one has the right to refuse a court order. While your reasoning makes sense, if you can't convince the grandparents, then you will need to have the court order modified.
    Answer Applies to: New Jersey
    Replied: 9/22/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    It depends. If your child is over the age of 14 the court may take into consideration the reasons your child may not want to visit with his grandparents. That being said, generally you need to follow the court order or you could be found in contempt. If the scheduled visitation with the grandparents is not working I would suggest that you seek a modification of the order with the court. Further, I would suggest you contact an attorney to discuss this further and in more detail.
    Answer Applies to: Massachusetts
    Replied: 9/22/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    No, the court order must be followed until it is modified. If you file a motion to modify and have an attorney appointed to represent your child, the order may be modified.
    Answer Applies to: Oregon
    Replied: 9/22/2011
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