If your child does not want to live with you because you enforce the rules and the other parent doesn’t, for example, this is a situation where you should likely disregard your child’s wishes. A child so close to majority usually has his preference followed. If your child is very young, courts will not ask your child for their preference on who they want to live with. Answer: Please note that these rules change according to state. Talk to your child about why they don't want to go. Courts also consider your child's age when ruling in a custody case. Poor communication between parents. She probably wants to live with both parents. However, there was “undisputed evidence that during most of the time between 1981 and 1987, Michael’s own parents cared for the parties’ child in the grandparents’ home. One house is more lenient than the other. During that same time, the mother did not provide any support for the child. Some parents push their children about why they don’t want to go. When it's your turn to respond, do so with kindness and understanding. Let your child express their feelings to you without judgment. My attorney says he gets to choose, but my ex’s attorney says he doesn’t. Try to get to the bottom of why your child doesn't want to spend time or stay with your co-parent. In the past, the child has came to live full time with us as his other parent has said they have had enough of him always saying that he doesn't want to be there. If a child decides to live with the non-custodial parent, is there anything the custodial parent can do to stop that child from doing so? My son wants to see his dad but there are times he doesn't want to go from Friday-Monday. This happened a few years back and happened on two occasions but both occasions lasted less than two weeks and the other parent changed their mind and demanded all of their time back. Don’t put your children in the middle. For example, perhaps mom tells her child that their dad doesn’t love them or want … Truth is, the child is telling the truth. However, as your child gets older and more mature, courts have the discretion to ask them to choose who they prefer to live with. These can be indicators of alienation or enmeshment and the Court can make orders to manage such situations to ensure children have the opportunity to have a meaningful relationship with both parents. This also depends on whether there is a custody order. The laws governing a child and his or her right to choose which parent with whom to reside are far from settled. Your child should never be placed in the middle and feel they need to tattle on the other parent. “What should I do when my child doesn’t want to go visit the other parent?” As a divorce attorney in Charleston, South Carolina, that is one of the toughest (and most heartbreaking) questions I get asked by some clients. Many states have started to consider a child’s stated preference for the parent with whom the child wishes to reside when the child reaches 12 or 13. The Family Court is commonly faced with the issue of a child rejecting a parent or resisting spending time with that parent. Here are some tips when your child doesn’t want to go with his or her other parent. If a child in this situation doesn't particularly want to live with one of the parents, the child will become resentful and potentially act out. Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to. Both parents believe her and so they about where their daughter really wants to live. During that time, Michael provided money to his parents for the child’s care. How old must a child be in order to choose which parent he or she wants to live with? Parental alienation is when one parent discredits the other parent to a child or children the two share. 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