At what age can a child refuse to see a parent in NY?
Asked by: Dr. Robert Sporer | Last update: March 12, 2025Score: 4.4/5 (18 votes)
Legally, no — not until they turn 18. However, a child's wishes are taken into consideration, especially as they mature. Courts will weigh factors like the child's age, maturity, and the reasons for refusing visitation.
Can a child refuse to see a parent in NY?
Basically, the child can refuse to visit a parent when the child is 18 years of. At that point, they are no longer children, but legal adults. New York law requires parents to support their child and provides them with visitation until the child's 18th birthday.
Can a child say they don't want to see a parent?
Parental rights have been upheld by the Supreme Court as fundamental and, absent abuse, abandonment, or neglect, or the subtantial risk of it (due to a parent's own history, significant mental impairment, threats, etc.), a minor child should not be able to refuse visitation with a parent.
What happens if my child doesn't want to see her father?
If a child expresses a desire not to see their father, it is generally recommended to address the situation through the legal system. Parents may need to go back to court to seek modifications to the existing custody arrangement, presenting evidence and arguments to support any changes.
At what age can a child make a custody decision in NY?
Child's Best Interest in Child Custody Cases
The question of “Can a child choose which parent to live with?” is common among parents. In NY, there is no specific age when a child can decide outright.
At What Age Can a Child Refuse to See a Parent by Richard Roman Shum
Can a 10 year old decide which parent to live with in NY?
In New York, there is no specific age when a child can decide who he or she wants to live with.
At what age is a parent not legally responsible in NY?
New York's Parental Responsibility Law stipulates that parents and legal guardians are accountable solely for the actions of their minor children. The age of majority in New York is 18, but this law applies only to children over 10 and under 18. Hence, the law covers minor children aged between 10 and 18.
What if my child is refusing to go to the dads?
If the child is adamant that they no longer want contact with the other parent and have resisted contact on multiple occasions then either parent can apply to the Court to either amend or enforce the order.
Can I force my child to see his dad?
You cannot physically force a fifteen-year-old child to see a parent if they don't want to. Threatening your teen with punishment will likely hurt more than it will help. The hard truth is that teenagers would likely rather be with their friends than their parents.
Can I call the police if my child refuses to come home?
Involve Law Enforcement
After contemplating the situation and determining that there exists no valid reason for the teen to defy an existing order of the court regarding custody and parenting time, you may want to consider contacting the police or sheriff to escort your teenaged child back home.
Can a 12 year old refuse visitation in Texas?
In Texas, there is no legal age at which a child can outright refuse to participate in court-ordered visitation. Unlike some other states, Texas does not have a law that specifies when a child's wishes can override a court's custody or visitation orders.
Can a child reject a parent?
There are many reasons why a child may reject a parent and resist spending time with them or refuse to. This rejection can be a natural consequence of experiences such as parental conflict before or after separation, family violence, personality factors, or poor parenting.
Can a 13 year old decide which parent to live with?
When Can A Child Decide Which Parent To Live With In California? In California, a child's preference in custody matters is not the only factor considered by the court, but children aged 14 and above can express their parental preference to aid in determining custody.
What age can a child decide not to see a parent in us?
At age 18 in all of the United States, a child can decide not to visit the other parent without consequence to themselves or the favored parent. Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent.
Can a mother keep a child from the father in New York?
Q: Can a Mother Keep a Child From the Father in New York? A: A mother cannot keep a child from the father in New York without a valid reason. If a mother prevents the father from seeing the child without a valid reason or court order, the father may seek legal action through the family court system.
Can I sue my ex for not letting me see my child?
If your ex won't let you see your child in violation of the custody agreement, the family court can order them to comply with the court order. For more information about enforcing a parenting plan, talk to a child custody lawyer for help.
What if my child doesn't want to see her father?
The first thing you should do when a child refuses visitation is to notify the other parent as soon as possible. Let them know what's happening, and explain the situation as clearly as possible. Some custody orders include preferred communication methods, and you should notify them via that method when possible.
What are the rights of a 14-year-old?
Your parents are your guardians until you reach the age of majority at 18 and therefore make all of the major decisions for you. Before 18, there are decisions that you are allowed to make on your own on a case-by-case basis. You are allowed to make certain medical decisions on your own by the age of 14, for example.
What is the malicious parent syndrome?
The syndrome's definition encompases four major criteria: (1) mother who unjustifiably punishes her divorcing or divorced husband by attempting to alienate children from the father, involving others in malicious actions against the father, or engaging in excessive litigation; (2) mother who specifically attempts to ...
At what age can a child refuse visitation in California?
When Can a Child Refuse Visitation in California? As in most other states, children in California aren't allowed to refuse to visit a parent under existing visitation orders until they reach adulthood (18 years of age) or otherwise become legally emancipated.
What is the new custody law in Kentucky?
In Kentucky, parents have the option of sharing 50/50 physical custody or designating one parent as the primary physical custodian while allowing the noncustodial parent significant parenting time. Regarding legal custody, both parents will have partial legal custody regardless of the physical custody schedule.
Can a 14 year old refuse visitation in Indiana?
In Indiana, if the child is 14 or older, the court will consider their preferences seriously. The thought process is that once a child reaches age 14, they are old enough to understand what is going on and how their decision could affect the child and the entire family.
At what age does a child need their own room legally in New York?
There is no law in New York which mandates that a child must have their own room by a certain age. New York does of course have laws against abusing or neglecting children. But these laws do not specify at what age a child must have his or her own room.
How long does a father have to be absent to lose his rights in NY?
Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child.
What is the minimum child support in NY?
If the court finds that the needs of the child are not being met financially, then the needs of the child for support may override the written agreement of both parents. Most courts will require a minimum of $25.00 per month per child, even if a party gives up the right to receive child support.