Many issues arise during a divorce and persist even after the divorce case is finalized. One common issue family law attorneys encounter is disputes over parenting time. One question that frequently arises is: What happens if my child refuses to attend court-ordered parenting time with the other parent?
Sadly, there is no simple answer. Michigan law requires parents to follow all court orders. This includes custody and parenting time orders. But family court judges are parents too, so many understand that children, especially teenagers, may resist or outright refuse to go. When this happens, the court looks at several factors, including whether the refusal is due to a parent’s interference or whether the child has legitimate reasons for not wanting to attend.
Michigan Law on Parenting Time Enforcement
A “custody or parenting time order violation” occurs when someone interferes with the other parent’s rights under the order. Each county’s Friend of the Court (FOC) office is responsible for investigating and enforcing parenting time (visitation) orders. If a child is refusing to go to parenting time with their other parent, the court and FOC will want to know:
- If the child’s refusal stems from the custodial parent’s actions (such as discouraging visits).
- If there is a safety concern, abuse, or neglect issue.
- If the refusal is simply the result of normal adolescent pushback (which does not excuse a parent from following the order).
To be clear, parents must follow all court orders. Children don’t get to dictate when parenting time orders should be followed. If a parent disagrees with the court-ordered visitation, that parent can ask their family law attorney about changing the court order. But asking the court to change the parenting time order does not allow a parent to disobey the order while their request for a change is pending.
When a Child Refuses: The Court’s View
Michigan law is clear: parents must follow court orders. A child’s reluctance does not automatically cancel a parent’s parenting time rights.
- Young children – Courts expect parents to ensure the child goes, even if the child resists.
- Teenagers – Courts recognize that older children may be harder to force into parenting time, but judges in counties like Ingham, Ionia, Jackson, Eaton, and Clinton still expect parents to make every reasonable effort to comply.
Parenting time orders are not suggestions, and they are not optional. If a child consistently refuses, the court may order counseling, parenting coordination, or the judge might even modify custody or parenting time if it is in the child’s best interests. In counties around Lansing, such as Ingham, Eaton, and Clinton, Friend of the Court referees are familiar with situations where teenagers resist parenting time for various reasons. Judges in Lansing, Charlotte, St. Johns, and Jackson typically encourage parents to cooperate, use counseling resources, and avoid putting children in the middle of conflict. If there are safety concerns or the child is simply refusing to go, it is the parent’s responsibility to consult with their attorney to determine the appropriate course of action.
Possible Consequences for Parents
If a parent allows or encourages a child to refuse parenting time, they may face consequences. This might be seen as parental alienation, which can endanger their custody status. Some of the consequences of disobeying the court order include:
- Make-up parenting time for the other parent.
- Contempt of court, which could result in fines, sanctions, or jail time.
- Modification of custody if the court finds that one parent is interfering with the child’s relationship with the other (parental alienation).
The bottom line is that if your child is refusing to attend parenting time with their other parent, it is crucial that you consult with an experienced Lansing area family law attorney as soon as possible to get advice about options and the best steps to take to avoid these consequences.
FAQs About Child Refusal of Parenting Time in Michigan
Q: Can my child decide not to go to parenting time?
No. Children do not get to decide. Parents are required to follow the parenting time order.
Q: What if my teenager refuses and I can’t physically force them?
Courts understand you can’t drag your child into the car, but they expect you to encourage compliance strongly. Your attorney can advise you when and if documentation and court involvement may be necessary.
Q: What if my child says they feel unsafe with the other parent?
Call your family law attorney. It may be necessary to file an emergency motion. If you conclude that the child is genuinely in danger, report it to Children’s Protective Services or the police. However, never, ever make a police report or a CPS report without a very good reason. Making a frivolous report may well be held against you. Everyone in the family court system understands that game!
Q: What’s the worst that can happen if I let my child skip visits?
You could face contempt, sanctions, or even custody changes.
Why You Need A Highly Rated,
Experienced Family Law Attorney
A skilled attorney around Lansing can:
- Help you document legitimate concerns (such as abuse or unsafe conditions).
- File the proper motion if you need to modify parenting time.
- Defend you if the other parent files a motion alleging you interfered with parenting time.
- Work with the Friend of the Court to find solutions such as counseling or graduated parenting time plans.
Contact our Lansing Office Today!
If your child refuses to participate in parenting time around Lansing, Michigan, you cannot simply ignore the court order. The issue must be handled legally and carefully, especially in Ingham County, Eaton County, and Clinton County, where judges are attentive to both compliance and the child’s best interests.
If you are in Ingham, Jackson, Ionia, Livingston County, or elsewhere in Mid-Michigan, you deserve an experienced family law attorney who can help you navigate a complex custody dispute. At The Kronzek Firm, we have decades of experience in handling all kinds of issues that can arise from parenting time orders. We can guide you through enforcement, modification, or protective motions while protecting your parental rights. Contact us today for a consultation.
📞 Our top rated attorneys have handled custody disputes for thousands of Michigan clients for more than 30 years.
You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law. Our team is also available 24/7 for emergency consultations.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]