So if an unemancipated 14-year-old child wants to live with Person X, if a parent opposes that, and if Person X refuses either to return the child to the parent or to eject the child from Person X’s home, that constitutes kidnapping. However, in other situations, one parent retains custody (the custodial parent) and the other parent does not have custody (the non-custodial parent). I tried everything except turning him into the child welfare dept. She wants to live with me in WA. Just because your child says they want to live with you full time and they want to tell that to a judge does not mean … 3> Our 17 year old son came to my home for his scheduled summer two week visit and refused to return to the custodial parent. Courts assign visitation for the purpose of encouraging non-custodial parents to maintain regular contact with their children. If the non-custodial parent refuses to return the child it may be considered kidnapping. In Kentucky, what age can a child refuse to go on visitation with non-custodial parent? The non custodial parent is very concerned and has learned much of the problem arises from the child's home life and not getting his homework done while with the custodial parent. If the child's ... he may have no rights if the legal parent refuses to allow visitation. That the child is very strong willed and is not afraid to stand up to those who may try to intimidate the child in returning to the custodial parent's home. The parenting plan states that if the non-custodial parent wishes to have the kids travel by train, plane or bus, … read more Can a 15 year old petition the law to live with a non custodial parent [ 7 Answers ] The child is currently living with a family he has known for 2 months. The non custodial parent has attempted to co-parent but the custodial parent doesn't want to hear it and refuses to communicate with the non-custodial parent. When a child refuses to visit with a parent, this scenario (1) prompts distrust and suspicion between the parents, (2) creates an awkward situation between the parents and the child, and (3) puts both parents in legal jeopardy if they don’t handle the situation appropriately. However, what looks reasonable on paper doesn't always work in real time, leaving many parents wondering, "Can I refuse to send my kids for court-ordered visitation?" Unmarried Parents. Badmouthing your co-parent in front of your child or interrogating your child about the visitation once they get home could influence your child's desire to be with their other parent. Also, you should contact your child’s other parent as soon as possible, and give the other parent the opportunity to talk with the child or suggest other strategies to help make the visit happen. However, one thing remains the same—unemancipated children under the age of 18 typically do not have a right to choose which parent they live with after a divorce. When parents separate, one of their hardest tasks is deciding on a child custody arrangement for their children. Child’s Wishes for Custodial Parent is Currently Up to Judge’s Discretion Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. My 17-year-old son has run away from his custodial parent and has told his school counselor and others that he would rather kill himself than go back due to many ongoing issues which have become too much for him to deal with. Types of Child … If there are issues that affect your child’s safety or welfare, then you should speak to your attorney whether or not you need to seek a modification of the child custody agreement. Non-custodial parent lives in Oregon and the custodial parent lives in South Carolina. Both parents share equal custodial rights, and they're entitled to equal shares of ... the parent in physical possession of the child has no right to keep the other parent away or set time limits on visits. Problems regarding child custody and visitation are an unfortunate experience that most divorced parents face, even after an amicable divorce. His father is currently incarcerated and he wants his son to live with me, also his son wants to live with me. She refuses to go back. (He has visits every other weekend according to our divorce decree). A question custodial parents often ask is, “What can I do if the other parent doesn’t show for visitation?” As parents, we feel our child’s pain when the other parent fails to exercise parental visitation. If you’re having a hard time viewing your child's request objectively, talk with a friend or counselor about how you can separate your child’s request from your identity as a parent. In some situations, children go to live with grandparents, aunts and uncles, or friends. What are her rights in SC, the state which holds jurisdiction over the custody case. Physical custody, designates where the child will live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Often one parent will retain physical custody, while sharing joint legal custody with the other parent. Both types of parents have specific custody and visitation rights, but a child’s best interests—not parental rights—will guide Indiana judges making custody decisions. In many states, judges will consider not only the parent’s desires but the child’s custodial preferences as well. Children not wanting to spend time with their other parent can put the custodial parent in a precarious catch 22. I … Today I am going to talk to you about what to do if your child does not want to visit with their other parent. Indiana law protects the rights of both "custodial parents" (the parent who primarily lives with the child) and "noncustodial parents" (the parent who spends less time with the child). If your child's father won't return your child, or if child custody interference or parental kidnapping have kept your child from you, these tips will help you get your child back into your life, including information about parental alienation. Parents are put in a tough situation when a child refuses visits. to convince him to go back to the custodial parent. While there may be a tiny ethical grey area here, if a noncustodial parent provides any sort of incentive, it will likely run afoul of the laws that protect against custodial interference. That means that if the custodial parent declines one or two phone calls out of 15 in a month, it might not be a pattern. There are two kinds of child custody: legal custody and physical custody. 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