Navigating child custody arrangements can be emotionally charged under the best circumstances, but when a child refuses visitation with a noncustodial parent, families often face complex legal and emotional challenges. In Georgia, courts prioritize the best interests of the child while expecting parents to comply with custody orders. This article explains how to handle situations where a child resists court-ordered parenting time and provides actionable strategies for resolving conflicts.
Understanding Why a Child Refuses Visitation
Children may resist visitation due to:
- Anxiety about transitioning between households
- Loyalty conflicts during high-conflict divorces
- Developmental changes (e.g., teenagers seeking independence)
- Safety concerns or discomfort with the other parent’s environment
While parents should take their child’s feelings seriously, Georgia law generally requires compliance with custody orders unless there’s evidence of abuse or endangerment. The phrase “court order but child refuses to go” describes a common scenario where legal guidance becomes essential.
Legal Implications of Visitation Refusal
If a child consistently resists visitation, both parents face potential consequences:
| Situation | Potential Outcome |
|---|---|
| Custodial parent actively prevents visitation | Contempt of court charges, fines, or custody modification |
| Child independently refuses without parental influence | Court-ordered counseling or parenting coordination |
| Safety concerns raised | Emergency custody modification hearings |
Georgia courts may view persistent refusal as parental alienation if the custodial parent fails to encourage compliance. However, judges also recognize that “if a child doesn’t want to go with the other parent” due to valid concerns, modifications to the custody arrangement might be warranted.
5 Steps to Take When Facing Visitation Resistance
- Document Every Incident Keep records of missed visits, the child’s stated reasons, and your attempts to facilitate compliance.
- Communicate with the Co-Parent Use neutral language to address the issue: “Our child has expressed anxiety about Tuesday’s visit. Can we discuss adjustments?”
- Seek Professional Support Family therapists or parenting coordinators can help identify underlying issues. The American Psychological Association offers resources on co-parenting strategies.
- File a Motion for Enforcement If the other parent violates the order, our Marietta custody attorneys can petition the court to enforce compliance.
- Request a Custody Modification For persistent refusal tied to safety concerns, file a modification petition under O.C.G.A. § 19-9-3.
When Courts Intervene: What to Expect
Georgia judges may order:
- Family counseling to address the child’s reluctance
- Graduated visitation schedules to rebuild trust
- Supervised exchanges at neutral locations
- Modification of legal custody if alienation is proven
As noted in a 2023 Cobb County case, courts balance a child’s preferences with evidence of parental influence. Teens aged 14+ may have more input, but judges retain final authority.
Co-Parenting Strategies to Reduce Conflict
- Use shared calendars for consistent routines
- Avoid discussing custody disputes within earshot of children
- Collaborate on transitions (e.g., letting the child bring comfort items)
- Consider parallel parenting with clear boundaries in high-conflict cases
Our Roswell mediation team helps families create structured parenting plans that minimize friction.
FAQ: When a Child Resists Visitation
Q: Do I have to force my child to visit with the other parent? A: Yes. Georgia law requires compliance with custody orders unless there’s immediate danger. Document concerns and consult an attorney before withholding visitation.
Q: What happens when a child refuses to go with a parent repeatedly? A: The court may order counseling, modify the custody schedule, or appoint a guardian ad litem to investigate the child’s best interests.
Q: Can a 12-year-old decide not to see a parent? A: No. While judges consider older children’s preferences, parents must follow court orders until a modification is granted.
Q: How do I prove parental alienation? A: Collect evidence of:
- Derogatory comments about the other parent
- Interference with communication
- Last-minute cancellations of visits
Q: Where can I find Georgia’s custody enforcement forms? A: Access official documents through the Georgia Courts e-Filing Portal.
Navigating visitation refusal requires balancing legal obligations with emotional sensitivity. At Hobson & Hobson, P.C., our family law attorneys help Georgia parents protect their rights while prioritizing their children’s well-being. With five metro Atlanta offices and 30+ years of combined experience, we provide tailored strategies for even the most complex custody disputes.
Related Resources:
- Georgia Legal Aid: Custody Enforcement
- CDC Guidelines on Co-Parenting
- State Bar of Georgia Ethics Rules
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.