Can a Child Refuse to Participate in Parenting Time?

 Posted on November 14, 2024 in Family Law

Perhaps your child is now a teenager and is refusing to spend time with his or her other parent. This could be because the teen and the other parent do not get along well, the teen has many extracurricular activities and does not want to take the time, or a myriad of other reasons.

Regardless of the reason, what can a parent with court-ordered parenting time do when his or her teen continues to miss scheduled times? What about the primary residential parent? Is he or she responsible for making the teen spend designated parenting time with the other parent?

As any parent of a teenager knows, it can be difficult to make a teenager do something he or she does not want to do. Spending time with a resentful, sullen teenager can be just as painful as not seeing him or her at all. If you are facing this type of situation, it is time to speak to a knowledgeable Wheaton, IL parenting time lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.  

What Does an Illinois Family Court Consider When Determining Whether a Child Can Refuse to See His or Her Parent?

Under Illinois statutes, there is no specified age at which a child or teen can legally refuse to see his or her parent. A judge will consider the child's age and maturity, along with his or her ability to express preferences and clear reasons for those preferences. Age is a factor as it relates to how much control a parent has over whether the child will show up for parenting time.

For example, the primary residential parent will certainly be responsible for ensuring a three-year-old attends parenting time with the other parent. A 13- to 18-year-old, on the other hand, can probably communicate his or her reasons for skipping parenting time, and the primary residential parent likely has less control over this situation.

While the child who refuses to attend parenting time with the other parent will not be penalized, if the parent can show that the primary residential parent has actively discouraged parenting time, that parent could be penalized by the court.

What if the Teen is Refusing Parenting Time Because of Extracurricular Activities?

If a teen simply has an overabundance of extracurricular activities, the parent with parenting time may ask for a modification of the original order. This could mean that the primary custodial parent will have less time with the teen so that the other parent can still see his or her child.

While it is understandable that teenagers will have an increasing number of activities away from their parents, the parent-child relationship is also very important. Both parents may need to put together a new parenting plan that reflects the teen’s extracurricular activities while still finding time for the teen to see both parents.

What if the Teen Does Not Want to Spend Time with the Other Parent Because They Do Not Get Along?

A teenager may not want to spend time with his or her other parent because that parent has stricter rules, because the parent has remarried and may have additional children, or simply because he or she does not get along well with the parent. The only real solution to these issues is therapy for the child and the entire family.

Divorce is tough, especially for children, and having a child who is estranged from one parent is not good for the parent or the child. A family court judge may order the teen and his or her parents to attend therapy to foster a healthy relationship between parents and the child.  

Contact a DuPage County, IL Parenting Time Lawyer

If your teen has been avoiding parenting time, it is important that you seek legal advice from a knowledgeable Wheaton, IL allocation of parental responsibilities attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. When you choose an attorney from MKFM, you will benefit from the fact that we serve our family law clients at our offices in Kane County and DuPage County. Call 630-665-7300 today to schedule an initial attorney meeting.