Watching your child resist spending time with your former spouse can put you in a difficult position. You might worry about upsetting your child, creating more conflict or facing legal consequences if the scheduled visit does not happen. However, a child’s refusal does not automatically change your court-ordered arrangement.
Here is what you need to understand about your responsibilities and how Florida courts may handle the situation.
How Florida courts consider a child’s refusal
Florida courts may consider your child’s preference when deciding time-sharing, but that preference does not control the outcome. Under Florida Statutes Section 61.13(3)(i), judges can consider a child’s wishes if they have enough maturity, understanding and experience to express a reasonable preference.
The court will also look at why your child refuses to follow the schedule. For example, a judge may consider whether your child feels uncomfortable, struggles with the transition or has concerns about their safety. The court must weigh these concerns against other factors that affect the child’s best interests.
Each parent’s responsibility to follow the schedule
You must follow the existing parenting plan even when your child objects to a scheduled visit. Florida law also expects both parents to support the child’s relationship with the other parent and make efforts to honor the time-sharing schedule.
However, a child’s independent refusal does not automatically mean you violated the court order. The situation differs when you discourage contact, interfere with exchanges or fail to make efforts to follow the plan.
When repeated refusal could affect time-sharing
Repeated refusal may lead the court to review whether the current arrangement still serves your child’s needs. If your child continues to resist visits, the court may examine the reasons behind that behavior and consider whether changes would better protect their well-being.
However, you cannot change the schedule simply because your child no longer wants to follow it. Under Florida law, you generally must show a substantial, material and unanticipated change in circumstances before a court will modify an existing parenting plan. You must also show that the proposed changes serve your child’s best interests.
Protect your family’s well-being while respecting the court order
Your child’s refusal deserves understanding, but any changes to the existing schedule should still follow the proper legal process. If the problem continues, consider discussing your concerns with a family law attorney first. They can review your parenting plan, help you understand your options and determine whether you have grounds to request a modification. This can help you address your child’s concerns while protecting your parental rights.