Does a child have the right to refuse child custody orders? 21 Answers as of October 28, 2011
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?Free Case Evaluation by a Local Lawyer!
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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. | 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
The Law Office of Kem Eyo, LLC | Kem Eyo
No, neither the child nor you have the right to refuse visitation; only the person who is being granted the time may make the decision to forego it.
Answer Applies to: Georgia
Replied: 9/26/2011
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
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 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. | 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 | 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 | 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 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 | 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
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
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
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
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 | 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
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
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 | 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
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
