Can A Child Refuse Visitation with A Parent? What North Carolina Law Says.

Undergoing a divorce or separation can be an emotionally taxing experience. This feeling is exacerbated when children are involved. So, what happens if your child says they don’t want to go see their other parent? Or if they tell their other parent that they don’t want to see you? On the one hand, custody and visitation schedules are there to protect your child’s well-being and ensure both parents stay involved. But what happens if your child refuses to cooperate? While every family is different, North Carolina law provides some guidelines regarding how to handle this very scenario.

WHAT DOES NORTH CAROLINA LAW SAY ABOUT VISITATION RIGHTS?

In North Carolina, both parents usually have the right to spend time with their child after a divorce or separation, unless a court says otherwise. Whenever a judge makes a custody or visitation order, they’re doing it based on the best interest of the child. Once the order is in place, it is legally binding, meaning that both parents and the child are expected to follow it. For this reason, visitation does not become optional merely because your child says “no.”

CAN A CHILD REFUSE VISITATION IN NORTH CAROLINA?

Technically, a child does not have the authority to refuse visitation legally. However, this does not mean that their voice doesn’t matter. As children get older, their preferences regarding visitation may carry more weight in court. Judges may take into consideration what a child wants, but they will not make a decision based on that alone.

            WHAT HAPPENS IF A CHILD REFUSES VISITATION?

If your child refuses to comply with the ordered visitation schedule, the custodial parent still has the legal responsibility to follow the court order. This means that, even if your child resists, you’re expected to encourage and support the visitation. The custodial parent is not allowed to circumvent the order itself or the intent of the order.

            LEGAL CONSEQUENCES OF VISITATION REFUSAL.

Ignoring a court-ordered visitation schedule can lead to real consequences, even if your child is the one refusing. Some possible outcomes include:

• Contempt of court: A judge can hold the custodial parent in contempt if they’re not doing enough to follow the visitation order
• Fines or penalties: You could face financial penalties or even be ordered to pay the other parent’s legal fees
• Custody modification: If refusal becomes a pattern, the court may reevaluate the current custody agreement

WHEN MIGHT THE COURT MODIFY VISITATION RIGHTS?

If your child is consistently refusing visits or if something significant has changed in your family dynamic, you may want to ask the court to revisit the arrangement.

            WHAT FACTORS INFLUENCE A COURT’S DECISION?

When deciding whether to modify visitation, the court looks at a variety of things, such as:

• Your child’s age and maturity level
• Why is the child refusing
• Whether the child’s reasoning is in their best interest
• Whether either parent is influencing the refusal
• Any changes in the home environment or safety concerns
• Past compliance with the current visitation order

STEPS TO TAKE IF A CHILD REFUSES VISITATION.

What steps can you take if your child is refusing visitation? Here are a few things that may help:

• Talk to your child and try to understand their reasoning behind their refusal
• Stay neutral, and avoid speaking negatively about the other parent in front of your child or allowing third parties to talk negatively about the other parent in front of your child
• Document everything, including instances of missed visits, their stated reasons, and the efforts you made to comply
• Get professional help for your child through resources such as therapy or counseling
• Maintain open communication with the other parent
• Consider obtaining legal advice, especially if things aren’t improving and you think it may be time for the court to modify the current order

AT WHAT AGE CAN A CHILD REFUSE VISITATION IN NORTH CAROLINA?

Under North Carolina law, there is no set age at which it becomes appropriate for a child to refuse visitation. While a judge may listen to a child’s preferences, especially older children, the final decision is based on what is in the best interest of the child, not just what the child wants.

WHAT SHOULD I DO IF MY EX ENCOURAGES MY CHILD TO REFUSE VISITATION?

If your ex-partner is partaking in your child’s refusal to comply with the visitation order, you can file a Motion for Order to Show Cause or Motion for Contempt and request that the court hold the other parent in contempt for violating the order. Several legal consequences may result from non-compliance by a parent, including monetary fines, jail time, or the payment of the other parent’s attorney’s fees.

CAN I BE PENALIZED IF MY CHILD REFUSES TO GO?

You may face penalties if your child resists visitation. You have the legal duty to encourage and facilitate visitation. Failure to do so may lead to consequences such as contempt or modification of the visitation order.

HOW SMITH DEBNAM LAW CAN HELP?

At Smith Debnam, we help families navigate custody challenges with clarity and compassion. Whether you need advice, want to enforce your visitation rights, or are considering modifying your current order, our experienced family law attorneys are here to guide you every step of the way. We’ll help you understand your rights and find the best path forward.