Specialty tag(s): Visitation Rights, Child Custody, Divorce
Rachel Rizzieri Feist | November 3, 2025
Key Takeaways:
Divorce is an emotionally trying process for all involved, but it can be especially difficult for children. Children often struggle to adjust to the new family dynamic, sometimes showing resentment, fear, or confusion toward one or both parents. Even though child custody matters are settled during a divorce, emotions can lead some children to resist or refuse to follow court-ordered visitation schedules. Depending on the child’s age and circumstances, this refusal may influence future custody or visitation arrangements.
A child possession schedule is a court-ordered arrangement binding on both parents. Each parent is responsible for complying with the schedule and making every reasonable effort to ensure the child follows it. Failure to do so, without mutual agreement or legal modification, can result in serious legal consequences under Texas family law.
The possession schedule is not at the discretion of the child. Parents play a crucial role in modeling consistency and ensuring that the order is followed, particularly with younger children. A child may not want to eat vegetables or do homework, but that doesn’t mean those responsibilities are optional. Similarly, visitation is not optional and must be supported by both parents.
Children should be encouraged to spend time with both parents, and each parent must make the child available to do so. During the transition after separation or divorce, children often resist new routines. Parents should provide encouragement, reassurance, and structure to help the child adjust. With consistent effort from both parents, cooperation typically improves over time.
Sometimes, with older children who refuse visitation, it may not be considered the parent’s fault if the visit didn’t happen. But if a child continually refuses to follow the visitation schedule, regardless of the child’s age, parents may need to seek court assistance for enforcement.
In contempt proceedings, the court will evaluate how often the visitation schedule was violated and how much effort the custodial parent made to comply. During a contempt hearing, the court examines whether the custodial parent made genuine attempts to comply with the order. If it finds that the parent did not make reasonable efforts, the judge may order corrective measures such as fines, counseling, or even jail time. Proper documentation of each visitation attempt is critical for proving compliance in cases involving visitation enforcement in Texas.
Parents denied visitation may also file a modification request if they believe the existing order no longer serves the child’s best interests. Such requests are often based on evidence that one parent is not upholding their obligation to make the child available for visits. For approval, the requesting parent must show that circumstances have changed and that modification benefits the child.
During a divorce in Texas, a child’s age influences how the court considers their preferences. If a child is 12 or older and a parent requests it, the court must interview the child about conservatorship. While a judge will consider the child’s preferences, the final decision prioritizes the child’s best interests over their stated wishes.
If the child is under 12, interviews are not mandatory. However, parents may still request an in-chambers discussion with the judge, which is granted at the court’s discretion.
While children can share their opinions at age 12, they cannot legally refuse visitation. Visitation is considered a parental right, and neither the child nor the other parent may deny it. Only once a child turns 18, and is legally an adult, can they decide not to visit.
If your child refuses visitation, the first step is understanding why. Open communication can uncover emotional stress, confusion, or legitimate concerns like safety or discomfort.
If ongoing issues arise, consulting a family law custody attorney can help you understand your legal options for protecting your custody rights and ensuring compliance with court orders.
If you’re still unsure what to do when a child is refusing visitation, contact the child custody attorneys at Goranson Bain Ausley. Our experienced legal team understands how emotional these situations can be and will advocate for the best interests of your child while protecting your parental rights.
Call our offices in Austin, Dallas, Fort Worth, Granbury, San Antonio, Midland, or Plano to schedule a consultation and learn how we can help you navigate visitation challenges.
Rachel Rizzieri Feist is an experienced family law attorney who helps clients through all stages of the custody and divorce process. She provides compassionate yet strategic legal support, empowering clients to build a stable foundation after family transitions.
If you have questions about custody or visitation, please contact Dallas Family Lawyer Rachel Rizzieri Feist at Goranson Bain Ausley.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
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