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What Should I Do If My Child Is Refusing Visitation?

mother comforting child

Sometimes, following a child custody agreement can be difficult — especially if your child is resisting visitation with their other parent. Our San Diego child custody attorneys at Embry Family Law P.C. share what you should do if your child is refusing visitation.

Have A Conversation With Your Child

If your child is resisting visitation, you should talk to your child and try to understand why your child does not want to go to their other parent’s home. While talking to your child, you should ask questions about:

  • How they feel when they spend time with their other parent,
  • How they feel when they spend time at their other parent’s home,
  • Why they do not want to spend time with their other parent, and
  • If there is a larger reason why they wish to stay with you.

In this conversation, listen to what your child tells you, and if you believe your child is in harm's way while with their other parent, you will need to create a plan and file for modification.

Make A Plan

Since your child cannot refuse visitation until they turn 18, you will need to send them to their other parent’s home for visitation. If your child had an argument with their other parent or simply do not want to go, they will need to still meet their parent and visit; however, if you suspect abuse by the other parent or a member of their home, you should meet with your child custody attorney to learn more about your next steps.

When sending your child to their other parent’s home, make a plan with them to let them know that you care about them. Let them know that if they feel unsafe or uncomfortable, they can call you and that you will do your best during this process.

File For A Modification

If you believe that visitation in the capacity outlined in your custody agreement is no longer in your child’s best interests, you may need to file for a custody modification. Meet with a trusted modification attorney and schedule a consultation to discuss your concerns for your child’s wellbeing. Together, you can build a case to file for a modification of your child’s custody agreement that would be in your child’s best interests.

San Diego Modifications Attorney

At Embry Family Law P.C., we understand that your top priority as a parent is your child’s wellbeing and safety. If you believe your child is not safe as a result of your custody agreement and visitation schedule, you may need to file for a custody modification with the guidance of a trusted modifications attorney.

Call us at (619) 485-6476 or contact us online to schedule an appointment with our modifications attorney today to learn more about how we can help your family create a new custody agreement in your child’s best interests.