When Florida parents share custody after a divorce, disagreements about visitation can create significant stress. One common concern arises when a child says they no longer want to spend time with the other parent. While Florida law considers the child’s well-being and preferences, a child cannot simply refuse court-ordered visitation on their own. Understanding how the law treats these situations can help parents navigate them more confidently.

At the Law Office of Ric Woodward, we assist families in the Melbourne area with custody and visitation matters, helping parents understand their rights and responsibilities under Florida law.

Florida’s Position on Parenting Plans and Visitation

In Florida, both parents are generally encouraged to maintain a meaningful relationship with their child. Parenting plans approved by the court include time-sharing schedules that must be followed. These orders are legally binding, and a parent may face consequences for not complying—even if the child is resistant.

A child’s preference may be considered by the court, but it is never the sole deciding factor. The court evaluates:

• The child’s age and maturity
• The reasons behind the child’s refusal
• The emotional or physical safety of the child
• The parents’ ability to foster a healthy relationship with the other parent

Children typically do not have the legal authority to decide visitation until they reach adulthood at 18.

Why a Child Might Resist Visitation

Children may refuse visits for various reasons, such as:

• Anxiety about transitioning between homes
• Disagreements or conflicts with the parent
• Feeling caught in the middle of parental conflict
• Fear or discomfort due to discipline styles or home environments

In more serious cases, refusal may stem from emotional abuse, neglect, or other harmful behaviors. These cases require immediate legal attention.

Parental Responsibilities When a Child Refuses

Parents must make reasonable efforts to follow the time-sharing order. This may include:

• Encouraging the child to attend the visit
• Addressing emotional concerns
• Facilitating transportation
• Communicating issues with the other parent

If the situation becomes unmanageable, seeking guidance through counseling or mediation is often helpful.

A parent should never unilaterally stop visitation—even with good intentions. Doing so without court approval could lead to legal consequences, including contempt of court.

When You Can Request a Modification

If a child’s refusal is persistent or rooted in legitimate concern, the court may allow a modification of the parenting plan. To request a change, the parent must show:

• A substantial and unforeseen change in circumstances
• That the modification serves the child’s best interests

Examples may include worsening conflict, safety concerns, or significant changes in the child’s emotional needs.

How the Law Office of Ric Woodward Can Help

Custody and visitation issues can be emotionally draining and legally complex. The Law Office of Ric Woodward assists Melbourne families in understanding their legal options, responding to visitation challenges, and pursuing modifications when appropriate. Our goal is to help ensure a solution that protects your child’s well-being while maintaining compliance with Florida law.