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Specialty tag(s): Child Custody

What to Do if My Child Refuses Visitation in Texas

Chandler Rice Winslow | November 1, 2021

Life after divorce can be a difficult transition for children, especially as they grow older and form their own opinions. In most instances, parents have agreed and/or the Court has ordered specific periods of possession of the children for each parent. However, sometimes children dislike the visitation schedule and refuse to see the other parent. Many parents ask, “Can a child refuse to see a parent? Can a child be forced to visit a parent?” While it is may seem difficult to “force” a child to spend time with the other parent, there are legal consequences when a child refuses to attend visitations as ordered.

What Happens If I Do Not Make My Child Visit the Other Parent?

Regardless of the wants of a child, the Court expects parents to co-parent and to facilitate and enforce the Court’s orders for visitation. A child cannot unilaterally modify the possession schedule in a Court order. If a parent is denied visitation with their child—even if the child is refusing to go—the custodial parent can be held in contempt of Court for failing to follow a Court order.

Parents must remember that they are in charge and that it is their role is to encourage the child to have a relationship with both parents, regardless of the guilt that parent may feel. A parent should listen to their child’s opinions, but always work to promote the importance of quality time with the other parent if he or she has demonstrated the ability to act in the child’s best interest.

What If I Am Concerned About What Is Going On at the Other Parent’s Home?

When a parent has concerns about their child’s safety in the other parent’s home, they must reach an agreement with the other parent concerning a change in visitation or must seek Court intervention to modify the possession schedule. Until a new agreement or Court order is in place, the child (and parent) is expected to follow the possession schedule as ordered.

What Can I Do If My Child Refuses to Visit Me?

Continue to exercise visitation as ordered. Be patient and positive when dealing with the other parent and the child. If a parent believes that a child may be suffering from the effects of parental alienation on the part of the other parent, they could consider engaging a mental health professional to assess or help mend the psychological barriers preventing a healthy parent-child relationship. In some instances, filing a petition to modify a prior Court order may be appropriate, which would allow a parent to request that the Court order therapeutic interventions, modifications in the time, place, and/or manner or visitation, or the appointment of a parenting facilitator to address the family’s visitation or parental alienation issues.

What Voice Does My Child Have in Determining When They Visit the Other Parent?

In Texas, children do not have the right to determine who they live with primarily or what visitation schedule they have with each parent. However, a parent may request that the Judge interview a child in chambers concerning the child’s wishes as to conservatorship, possession, access, or any other issue affecting the parent-child relationship. If the child is 12 years of age or older, it is mandatory that the Court interview the child when the appointment of a primary conservator is at issue. If the child is under the age of 12, such an interview is discretionary.

How Does Refusal of Visitation Affect my Child?

When a child has frequent and meaningful contact with both parents who have demonstrated they can act in the child’s best interest, that child is provided consistency and the benefit of an expanded support system. Although it may be difficult, it is important to recognize that the problems you may be facing today are just a moment in time, and that building open lines of communication with the other parent and co-parenting to raise your child together will positively influence your child’s overall development. When you are facing the difficult situation of a child refusing to visit their other parent or a parent refusing to co-parent, it is important to engage an experienced family law attorney who will provide you with realistic options and the tools you need to ensure that your child’s best interests are protected.

Learn More

Chandler Rice Winslow has been named D Magazine Best Lawyers Under 40 for 2022. She has experience in business and real estate law in addition to representing a wide variety of clients in family law, including working and non-working mothers. Chandler understands how a business operates and works closely with business owners on identifying separate and community property. She is also sought after for drafting pre-and post-nuptial agreements and solving highly contested custody issues.

To learn more about what to do if your child doesn’t want to visit their father or mother in Texas, please contact Chandler Winslow at 214-373-7676.

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