Navigating custody and visitation issues after a separation or divorce is never easy—especially when your child begins to resist visits with the other parent. As a parent, your instincts may tell you to protect your child from something they don’t want. But in Louisiana, the law takes a very specific stance when it comes to court-ordered visitation rights.
At Sudduth & Associates, LLC, we understand how emotionally charged and complex these situations can be. If your child is refusing visitation, it’s important to know what the law says—and how to handle the matter without putting yourself at legal risk.
Court Orders Are Legally Binding
When a Louisiana court issues a visitation or custody order, both parents are legally obligated to follow it. Even if a child expresses that they don’t want to visit the other parent, the custodial parent does not have the legal authority to unilaterally deny that visitation. Doing so could be considered a violation of a court order and may result in legal consequences, including contempt of court.
Reasons Behind the Child’s Refusal Matter
While a child’s wishes may seem compelling, courts generally place the highest value on what is in the child’s best interests. If your child expresses fear, discomfort, or resentment, it’s important to explore those feelings—while continuing to comply with the visitation schedule. In some cases, refusal may stem from routine anxiety or teenage resistance. In others, there may be more serious concerns that need to be investigated.
When You Can Refuse Visitation
In rare and extreme situations—such as where a parent believes the child is in immediate danger—temporarily withholding visitation might be justified. However, this should be done only with caution and usually in consultation with an attorney. If you suspect abuse, neglect, or another serious issue, it’s essential to document your concerns and seek a modification through the proper legal channels.
What You Should Do Instead
Encourage Communication: Talk to your child about why they don’t want to go. Sometimes, open communication can resolve underlying fears or misunderstandings.
Keep a Record: If the child repeatedly resists, keep notes of the dates, what was said, and your efforts to encourage visitation.
Consult with a Family Law Attorney: If the issue persists, speak with an experienced attorney to explore your legal options. You may be able to request a modification of the custody order, especially if circumstances have changed since the original agreement.
Protect Yourself—And Your Child
Every family dynamic is different, and so is every case. If you’re struggling with visitation issues, you don’t have to navigate them alone. The team at Sudduth & Associates, LLC offers compassionate, knowledgeable legal guidance to parents in Lake Charles and throughout Southwest Louisiana. We’re here to advocate for you and your child’s best interests—while ensuring you stay on the right side of the law.
Contact us today at (337) 282-9003 to schedule a consultation.