Settling child custody matters is often a very serious challenge for divorcing parents. Couples in Arkansas have the option of either cooperating with one another to set their own terms or litigating.
A judge establishing a custody order should prioritize the best interests of the children in the family. Typically, they give both parents a generous amount of parenting time so that they can preserve or improve their relationships with the children. As children mature, they may start vocalizing displeasure with the custody arrangements. They may want to spend more time with one parent than the other or may insist they don’t want to see one parent at all.
Can a child subject to a custody order simply refuse to spend time with one parent despite a court order?
A child can’t dictate custody terms
One parent might feel vindicated when their children express a desire to spend more time with them than the other parent. Instead of encouraging the children to spend time bonding with the other parent, they may reinforce their negativity. Doing so could lead to allegations of parental alienation and custody modification proceedings initiated by the other parent.
In general, children do not get to establish their own visitation or custody arrangements. While they are minors, they must adhere to their parents’ instructions, and those instructions should align with the established custody order.
That being said, it is sometimes possible to request a custody modification limiting the time the children spend with one parent. A judge can consider a child’s preferences along with other key factors when dividing parenting time initially or reviewing a modification request. There is no specific age at which a child’s preferences start carrying weight in family court.
Instead, the main consideration is their maturity level and the reasoning behind their request. A child who claims one parent is neglectful or hostile toward them may have more influence on the judge’s ruling than a teenager who wants to spend more time with the parent who lets them play certain video games.
Parents typically need to encourage their children to spend time with one another so that they can uphold custody arrangements formalized by the courts. Pursuing a custody modification based on a change in parent-child relationships is sometimes necessary after a divorce. Parents who don’t take the right steps in family court may open themselves up to controversy and may endanger their parental rights by failing to comply with a custody order.