Divorced or not, most parents would want to spend more of their time with their children. And if your marriage ended badly, maybe you don’t like the idea of your ex-spouse spending time with your children.
So if your kid says that they don’t like to go with your ex-spouse for joint custody or visitation, you should be happy and allow it right? The plain answer is no — because child custody orders are legally binding.
Additionally, not following orders, even if it’s due to your child’s refusal, could actually get you in trouble with the family court.
Consequences of Disobeying Child Custody Orders
Failing to comply with court-ordered child custody orders is called custodial interference. Depending on the state you live in, committing custodial interference could be a criminal charge. Criminal laws vary from one state to another and might depend on your child’s age and the specific circumstances of the custodial interference charge.
The court could likewise hold you in contempt for custodial interference, fine you, add additional orders or even give you prison time if you repeatedly disobey the child custody arrangement, explains a top divorce lawyer in Colorado Springs, CO.
The problem is that not all children readily listen to their parents, and some even outright argue with them on almost anything. In cases such as this, however, you need to make an effort, particularly if your kid is still young.
Although you’re normally responsible for your child’s actions, courts typically see their refusal to visit the other parent as custodial interference. However, courts are usually more understanding to parents if the kid who refuses to visit is 16 years old or older, and might even hold the kid liable for the child custody violation.
Vital Points to Keep in Mind
Regardless of the age of your child, you have to speak to them and try to make them understand that following the child custody agreement is a not an option — it’s mandatory — or else you’ll get in trouble.
You need to explain to them the visitation rights of their other parent, and hopefully, they’ll follow the order of their own accord. Otherwise, you might need to modify the order with help from an experienced attorney.