Children whose parents share custody may have strong emotional reactions to the changes their families undergo during a breakup or divorce. Parents living separately can exacerbate pre-existing strain in a parent-child relationship.
Older children and teenagers may blame one parent for the changes to the family unit. They may prefer to spend more time with one parent because of their bond with that parent or that parent’s living arrangements. Even when there is a custody order in place giving each parent a certain amount of time with the children, every visit or custody exchange may lead to disputes with children who do not want to spend time with one of their parents.
Do older children and teenagers have the right to decline visitation or overnight parenting time with one of their parents in a shared custody scenario?
Parents should encourage adherence to the order
Both parents who are subject to a Kentucky custody order have a legal obligation to follow the terms as outlined in the order unless doing so might put their children at risk of harm. Even then, they generally need to petition the courts to modify the order to reflect the circumstances that they believe pose a threat of harm.
Parents need to communicate with one another and exchange custody as outlined in the order. Failing to do so can lead to enforcement actions, including allegations of contempt of court. Parents dealing with reluctant children and teens may rapidly grow tired of the repeated arguments about spending time with the other parent.
However, it is their responsibility to encourage compliance with the order. If they allow the child to dictate their own schedule, the other parent could seek to hold them accountable. To avoid accusations of parental alienation and a reduction of allocated parenting time, parents dealing with a child’s unwillingness to follow the custody or visitation schedule may need to go back to family court to request a custody modification.
Judges may consider a child’s preferences when deciding the appropriate allocation of parental rights and responsibilities. The reasoning behind the child’s preferences, their age and their maturity influence how much weight a judge gives a child’s wishes. Children, including teenagers, typically do not have the right to dictate custody terms.
Parents may need to work out a reunification plan or even consider counseling to help work on a strained dynamic that has developed. Understanding the rules that apply to shared custody arrangements in Kentucky can help parents avoid unreasonable enforcement actions or unfavorable custody modifications.