As a parent, it can be heartbreaking when your child does not wish to spend time with one of their parents. It is important to remember that children cannot legally choose who they want to spend time with and that court-mandated custody orders must still be followed. However, this doesn’t mean that changes can't be made if necessary.
Let’s discuss how parents should approach this situation and why meeting with an attorney before making any variations in your custody order is highly recommended.
Talk To Your Child
The first step when dealing with this situation is to talk to your child about why they don’t want to spend time with their other parent. You as a parent should listen without judgment and try to understand the reason behind their feelings. If the underlying issue isn’t resolved, then it will likely continue even after any modifications are made in the court-ordered custody agreement.
Talk To Your Co-Parent
It is also recommended that the parents meet together and discuss the child's wishes without involving them directly in the conversation. This will ensure both sides are heard and may help uncover possible solutions or compromises that work for everyone involved. But ultimately, it is vital for parents to remember that any changes made must adhere to what is ordered by the court and what works best for the child in question.
Until a court order modification is approved, your child should still follow their active time-sharing schedule, even if they do not wish to.
Meet With An Attorney
If there are valid reasons why a modification of your child's custody order may be necessary, then it is highly recommended that you meet with an attorney before making any decisions or moves yourself. An attorney can evaluate your case, explain your legal rights, and advise you on how best to proceed so as not to jeopardize your current custody arrangement—or worse—face court order enforcement in the future.
Strategic & Aggressive
Having your child refuse to spend time with one parent can be difficult for all parties involved; however, understanding why your child feels this way and working together toward a resolution can go a long way in helping maintain peace between both households. At DeTommaso Law Group, LLC, our attorneys have over 125 years of combined experience helping families overcome their legal challenges and move forward, from court order enforcement to custody matters to divorce.
Call us today at (908) 274-3028 to schedule a consultation with one of our team members to learn more about how we can guide you through your custody issues and find a solution best for your child. We are waiting for your call!