Why Children May Resist Visitation and Legal Responsibilities

Adhering to a court approved time-sharing schedule is key, even if a child expresses reluctance to visit one parent. While it’s natural for children to have preferences and emotional reactions when it comes to visitation times, parents must handle these situations carefully to remain in compliance with the law and protect their child’s well-being.

There may be conflicts with the other parent’s household rules, anxiety about travel, or a strained parent-child relationship. Teenagers, in particular, may push back against visitation when they feel their personal activities or social life are disrupted. A Port St. Lucie family law attorney can guide you through these sensitive situations, ensuring you follow legal requirements while addressing your child’s needs.

What to Do When Refusal Happens

Under Florida law, a parent cannot unilaterally decide to disregard a time-sharing order because a child does not want to go. Even if the child voices strong objections, the custodial parent must make a good faith effort to comply with the court order. Failing to do so could result in being held in contempt, facing fines, or even a modification of custody.

• Communicate calmly. First, talk with your child to understand their concerns without judgment. This can help you decide whether the issue is emotional, logistical, or related to a conflict with the other parent.
• Document the situation. Keep records of when refusal happens and your efforts to encourage compliance.
• Involve the other parent. Sometimes, hearing reassurance directly from the other parent can help ease resistance.
• Seek professional support. A counselor, therapist, or mediator can work with the family to address underlying issues and improve cooperation.

If a child’s refusal is persistent and rooted in genuine concerns, it may be time to seek a formal modification of the parenting plan. A judge will review evidence, hear from both parents, and may even consider the child’s preference depending on their age and maturity

Florida vs. Out-of-State Situations

When both parents live in Florida, travel time and logistics are typically more manageable, and the court’s jurisdiction is clear. Yet when one parent lives out of state, additional complications arise. Long-distance visitation often involves extended travel and school schedule disruptions, which can amplify a child’s reluctance.

In out-of-state cases, it’s especially important to follow the parenting plan exactly as written, since interstate visitation is often more strictly scheduled and less flexible. If the travel itself is part of the problem, the parents may need to revisit the plan through court-approved modifications. Florida courts retain jurisdiction in most cases, but the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) can come into play.

A Port St. Lucie family law attorney can help negotiate solutions with the other parent and represent you if court involvement becomes necessary. Visitation challenges require patience, empathy, and legal awareness.

Is your child’s reluctance to follow a visitation plan causing you stress? Addressing the problem early, and with legal guidance from the attorneys at Baginski, Brandt & Brandt, can protect your relationship with your child while keeping you on the right side of the law. Contact us today to schedule your confidential consultation.