Child custody can be a sensitive subject to broach, especially when the child does not want to see one of their parents. Parents may wonder, at what age can a child refuse to see a parent in Houston, TX? A Houston child custody lawyer can help you better understand your rights as a parent and your child’s rights so you can move forward with a solution that works for everyone if this situation arises.
Can a Child Decide Not to See One of Their Parents in Houston?
Children have certain rights under Texas law and federal law, including rights in custody situations. Unfortunately, those rights do not extend to deciding not to see a parent, even if the other parent has full custody. That said, the child’s opinion may still be taken into consideration when it comes to determining custody.
In Texas, a child must be 12 years old or older to be able to influence the time they spend with their parents. Ultimately, the court determines child custody based on the best interests of the child. However, children over this age limit are allowed to express their preference for where they want to live, and the court can take that information into consideration when making the final decision.
Texas is home to 31,290,831 people, including 7,793,634 families that come from different backgrounds and all have unique situations. Children live in approximately 31 percent of these households in Texas, and they’re typically heavily affected by situations of divorce, separation, or general custody issues.
The divorce rate in Texas is about 1.9 per 1,000 people, which is below the national average but still significant. That’s why it’s important to understand children’s rights when it comes to spending time between co-parents.
Visitation Rights in Houston, TX
Even in cases where one parent receives full custody of a child, the other parent typically maintains visitation rights. In most cases, the parents can work out a schedule together, which is then approved by the court. With the court’s reinforcement behind the visitation agreement, it’s easier to figure out what actions to take if one parent stops adhering to the terms in place.
When it comes to visitation, parents can agree to a more informal agreement that allows for changes in visitation times based on what’s going on in the parents’ lives throughout the year. This type of flexible scheduling is typically better for co-parents who get along and are committed to working together in the interest of their child.
You can also establish visitation rights through a formal hearing with the Fayette Family Court. Going through the court can provide you with strict guidelines and terms, which can make things easier for you down the road. However, the process can be long and involved, which is why parents typically only use this avenue if they simply cannot agree with one another outside of a court setting.
What To Do if a Child Refuses to Visit With a Parent in Houston
If a child is unwilling to visit their parent, it’s the other parent’s responsibility to do everything in their power to change their mind. It’s important to keep a clear line of communication open with your child about what’s going on so they feel heard and understood. You can learn more about where issues stem from if you give your child a safe space to talk.
If you’re having trouble working things out on your own, it’s wise to reach out to a Houston family lawyer and a mediator to continue discussions. If a child refuses to visit a parent, the other parent can be held accountable in court for not following the terms of the court order. That’s why it’s important to stay on top of the issue and find a resolution as soon as possible.
It may also be wise to attend counseling to get to the root of the issue and make sure nothing dangerous or harmful is going on that is making the child want to stay away. In the case that something is going wrong, you may be eligible to modify the court order to better suit the child’s needs.
FAQs
Q: Can a Child Choose Not to Visit a Parent in Houston?
A: While a child who is 12 or older can have preferences for where they want to live, the court ultimately decides who gets custody as well as how visitation rights are set up. Parents who don’t comply with their court-ordered visitation terms can face legal consequences.
However, law enforcement typically doesn’t enforce visitation orders directly. If a child is refusing to visit a parent, that parent can seek legal advice from a Houston child custody lawyer to address the situation.
Q: How Is Custody Determined in Houston?
A: In Houston, custody is determined by the court based on the best interest of the child. When it comes to determining custody, the court takes certain factors into consideration, including the child’s needs, cooperation between parents, plans for the child, stability of the home, and more. In some cases, the child’s preferences are also taken into consideration.
Q: Does a Child Have to Appear in Court to Determine Custody in Houston?
A: In most cases, the child does not need to appear in court to determine child custody. However, there are certain cases where one party may file a Motion to Confer with Child. This typically happens when a child is old enough to express their preference for where they would like to live.
Q: Can I Deny My Child’s Father Access to My Child in Houston?
A: Since the court ultimately determines custody of a child, a parent cannot decide to deny the other parent access to their child. Both parents typically have certain rights and responsibilities for the child unless a court order specifically prohibits visitation. If you’re concerned about your child’s well-being, you can request that the court modify the custody agreement.
Meet With a Houston Child Custody Lawyer to Learn More About Your Rights Today
Our team at Stange Law Firm has extensive experience navigating family law cases across multiple states. We’re trained and educated in Texas divorce laws, which means we can help you through challenges that arise with your case and ensure you’re on the right track. If you’re ready to learn more, call our office to set up a consultation with a Houston child custody attorney today.
