A child custody order issued by the courts of New Jersey must be followed by all those named, including the child. If a parent refuses to follow the court order, that parent can be found in contempt of a court-mandated order. If this happens, the custodial parent could wind up losing custody of the child. A New Jersey child custody attorney from Nitti & Nitti, PC, can help you navigate a difficult visitation issue.
Children Go Through Emotional Stages
Children of all ages get into different moods for various reasons. There might be a time when your child refuses to visit their non-custodial parent. This can become a serious issue if you do not handle it appropriately. If there is a court order in place governing visitation, you cannot allow your child to ignore their other parent.
You will need to communicate with the other parent about what is happening. Let them know the child is going through something at the time and does not want to see them. They might be doing it out of anger, or they might prefer to go out with friends, attend a school event, or go to another family member’s house.
Aside from communicating with the other parent about the child not wanting to visit them or being unable to do so because they are sick, you are also expected to encourage the child to visit the non-custodial parent when the visits are scheduled.
When to Request a Motion From The Court
If your child is refusing to visit with the non-custodial parent because they refuse to take them to their school activities or sports, you can file a motion with the court. This motion will force the non-custodial parent to take the child to their scheduled appointments, extracurricular activities, and sports when with that parent. A New Jersey child custody attorney can help you request this motion from the family law court.
The Child Has No Say Until 18 Years of Age
In New Jersey, the child cannot refuse visitation or have any say in a visitation schedule until they reach the age of adulthood, which is 18. This means that as the custodial parent, you are required to encourage visitation and help to facilitate it even if the child speaks out against being with the other parent.
However, if the child has informed you of a dangerous situation with the other parent, you should inform the police and talk to your New Jersey child custody attorney immediately. Dangerous situations include abuse and neglect. These situations don’t necessarily have to be created by the non-custodial parent either. It could be caused by someone living with them.
Call a New Jersey Child Custody Lawyer Today
Do you wish to have a current child custody order modified? Is the custodial parent ignoring the court order? Discuss all of this and more with an experienced New Jersey child custody attorney from Nitti & Nitti, PC, today. Call our office, or complete our contact form to schedule a consultation.
