What Should I Do If My Child Refuses Visitation With the Other Parent in Florida?
If your child is refusing to attend scheduled visitation with their other parent in Florida, you’re not alone—and you’re likely worried about the legal implications. Florida law requires both parents to comply with court-ordered parenting plans, and deviations can lead to serious consequences. But what are your responsibilities, and what can you do when a child resists visitation?
This article explains how Florida family law handles this situation, what actions you can take, and when you might need to seek legal intervention.
Understanding Florida’s Parenting Plans and Time-Sharing Laws
In Florida, parenting plans are governed by Florida Statutes § 61.13. These plans spell out how time-sharing (visitation) will occur between parents. Once approved by a family court, these plans become binding legal orders.
According to § 61.13(1)(a), the court must approve a parenting plan that governs time-sharing, parental responsibility, and methods for resolving disputes. The plan must serve the best interests of the child, which is the court’s primary consideration.
A refusal by a child to visit the other parent does not nullify or override the parenting plan. As a parent, you are still obligated to comply with the terms of the court order.
Legal Duty to Encourage and Facilitate Visitation
Under § 61.13(3)(a), the court evaluates each parent’s willingness to encourage a close and continuing parent-child relationship with the other parent. If your child refuses visitation and you do not take steps to facilitate the visit, you could be accused of interfering with the other parent’s time-sharing rights.
This means you have a legal obligation to:
- Promote and encourage the child’s relationship with the other parent.
- Make the child available for scheduled visitation.
- Avoid disparaging the other parent or saying anything that may negatively influence the child’s willingness to visit.
If you do not comply with the parenting plan, even because of your child’s refusal, the court may find you in contempt, impose sanctions under § 61.13(4)(c), or even modify the custody arrangement altogether.
Addressing Valid Concerns From the Child
There are cases where a child’s refusal may be based on legitimate safety concerns, including neglect, abuse, or exposure to harmful behavior. If your child reports abuse or you believe the other parent poses a threat, you must act cautiously but legally.
According to § 61.13(2)(c)2, the court considers any evidence of domestic violence or child abuse in its decision to approve or modify a parenting plan. In these situations, you may file an emergency motion with the court to temporarily suspend or restrict visitation.
You must provide credible, documented evidence of abuse or neglect. Mere allegations without substantiation are unlikely to be enough to alter the time-sharing arrangement immediately.
Emotional or Behavioral Refusals: A Common Scenario
More commonly, a child refuses visitation because of emotional reasons—such as loyalty conflicts, parental alienation, resentment, or difficulty adjusting after a divorce.
While courts may consider the child’s preference, § 61.13(3)(i) states that this is only relevant if the court finds the child “sufficiently mature” to express a well-reasoned opinion. Even then, a child’s wishes do not override the parenting plan unless the court modifies it.
In these cases, therapy is often helpful. A licensed counselor or psychologist can work with the child to process their feelings and improve communication between both parents. In some instances, the court may order family counseling or a parenting coordinator under § 61.125, especially when co-parenting conflicts persist.
What Not to Do
If your child is refusing visitation, you should never:
- Allow the refusal without attempting to comply with the parenting plan.
- Tell the child they don’t have to go.
- Change or cancel visitation unilaterally.
- Speak negatively about the other parent in front of the child.
Doing any of these things could be interpreted by the court as interference with the other parent’s time-sharing rights or even as parental alienation. This can lead to enforcement actions or changes in custody under § 61.13(4)(c), including make-up visitation time, fines, or modification of the parenting plan.
Steps You Can Take
When your child refuses visitation, try to understand the root of their reluctance. Have a calm conversation and listen closely to their concerns. Encourage your child to keep their scheduled time-sharing, and explain that it is a legal requirement, not a choice.
If your child continues to resist, document each incident thoroughly. Keep a written record of dates, what the child said, and what you did to encourage compliance. You may also want to reach out to the other parent to discuss the issue constructively, and seek a short-term adjustment if both parents agree.
If the problem persists, consider involving a mental health professional or parenting coordinator to help mediate the situation.
Seeking Modification of a Parenting Plan
Under § 61.13(2)(c), parenting plans can only be modified if there has been a substantial, material, and unanticipated change in circumstances, and if the modification is in the child’s best interests.
If your child’s refusal continues over a significant period and is not resolved through counseling or cooperation, you may need to petition the court to modify the time-sharing schedule. Examples of valid reasons might include:
- The child’s emotional or psychological health.
- Relocation or significant changes in the parents’ circumstances.
- Ongoing conflict that cannot be resolved otherwise.
Keep in mind that Florida courts are reluctant to modify parenting plans without strong supporting evidence.
Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida Child Custody and Visitation Lawyer
When your child refuses visitation with the other parent, you face both emotional and legal challenges. While it may seem like a family issue, Florida law sees parenting plans as court orders—not suggestions. That means you need to navigate this situation carefully to protect your rights and avoid legal penalties.
Whether your child’s resistance is rooted in emotional distress or more serious concerns, it’s essential to take the right steps, follow the law, and seek professional help when needed.
To understand your legal options and protect your family, contact the Law Offices of Matthew Z. Martell, P.A. child custody and visitation lawyers by calling (941) 556-7020 or contacting us online for a free initial consultation.
