#ChildVisitation #Parenting #OhioLaw #ChildCustodyRights
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As a parent, it can be challenging to navigate the complexities of child visitation and custody rights, especially when your child reaches an age where they may express a desire to deviate from the visitation schedule. In the state of Ohio, the question of when a child can decide they don’t want to follow a visitation schedule is a common concern among parents. In this article, we will explore the legalities surrounding this issue and provide guidance on how to handle it.
### Ohio Law Regarding Child Visitation
The state of Ohio considers the best interests of the child to be the top priority when determining visitation and custody arrangements. While the law does not specify a specific age at which a child can make decisions regarding visitation, the court will take into consideration the child’s wishes as they get older and more mature. However, it’s important to note that the ultimate decision lies with the court, and it is not solely based on the child’s preferences.
### Understanding the Visitation Schedule
When parents go through a divorce or separation, a visitation schedule is often established to ensure that both parents have the opportunity to spend quality time with their child. This schedule outlines when the child will be with each parent, and it is legally binding.
### Can a Child Decide to Deviate from the Visitation Schedule?
In the scenario provided, where a 10-year-old child expresses a desire not to visit the other parent, it’s essential to approach the situation with care and consideration. Here are some key points to keep in mind:
1. **Age and Maturity**: While the child’s wishes are taken into account, it’s crucial to assess their level of maturity and the reasons behind their decision. A 10-year-old may not have the capacity to make a well-informed decision on their own, and it’s essential to consider their well-being above all else.
2. **Communication with the Other Parent**: It’s important to maintain open communication with the other parent. In the given scenario, the father has stated that it’s fine for the child not to visit. However, it’s advisable to have a clear and respectful conversation with the father to ensure that both parents are on the same page.
3. **Legal Implications**: Allowing a child to deviate from the visitation schedule without the other parent’s consent can have legal implications. It’s advisable to seek legal counsel to understand the potential consequences and explore the best course of action.
### Seeking Resolution Through Mediation
If there is a disagreement regarding the visitation schedule, mediation can be a valuable tool for finding a resolution that benefits all parties involved. Mediation allows both parents to discuss their concerns and work towards a mutually agreeable solution, with the best interests of the child in mind.
### Final Thoughts
In conclusion, while it’s understandable that a parent would want to respect their child’s wishes, it’s important to approach the situation within the framework of the law and with the child’s best interests at heart. Seeking legal guidance and maintaining open communication with the other parent can help navigate these challenging circumstances.
Ultimately, the decision of when a child can decide they don’t want to follow a visitation schedule rests with the court, and it’s essential to seek professional guidance to ensure that the rights and well-being of all parties are safeguarded. Remember, each situation is unique, and seeking legal counsel tailored to your specific circumstances will provide the best guidance.
> What age can child decide they don’t want to follow a visitation schedule?
18
Before then, the child’s wishes can be brought up and considered in a custody hearing, but that’s it
yes you can get in trouble for not following the custody agreement.
The parents are bound to the order, not the child. Until she emancipates, the parents are required by law to ensure the visitation schedule is honored regardless of the wishes of a 10-year-old. You’re the parent and you’re expected to act like one.
Not your lawyer and not legal advice, just some thoughts. You and dad can mutually agree to something different than what the court order says. If dad doesn’t agree, then yes, you need to do what you can to have daughter go. But if dad says it’s fine then you don’t have to force dad to take her. If you’re really concerned, it’s worth the $150 bucks or whatever it would cost you to talk to a lawyer for a half an hour.
You have to contact the SW and minors attorney. You can not physically force her to go, but you also can not cut off visits without minimally their input until they can get a court order.
Just a note, if the child has a therapist, ask that the therapist write a letter to the minors attorney describing why the child may not want to visit Dad on weekends. There could be more going on, or it could be something easily resolved. You and they need more information.
Read the order itself. There may be language in there that says you’re free to come to whatever arrangements work for you _but in the event you can’t come to an agreement,_ then the order prevails. That’s not uncommon.
Not your lawyer, not legal advice:
Check your divorce decree; there should be a provision in there advising you to enroll the child in some sort of reunification counseling with her father. Most Ohio counties have that standard language in their divorce decrees.
If you do not have a divorce decree, then check your custody agreement or court order for guidance.
If you do not have a divorce decree, court order, or custody agreement, then you are free to tell Dad to fuck off as he has no right to the child under ORC 3109.042