When parents divorce, they usually share custody. It is standard in most cases for parents to split time with their children and to share parental authority when they divorce. The children who are subject to those custody orders may feel stressed and unhappy about traveling back and forth between the homes of their parents. In some cases, they might prefer to avoid spending time with one parent.
Can children and teenagers who are subject to Massachusetts custody orders terminate their parenting time on visitation with one parent?
Children and parents should comply with a custody order
A Massachusetts custody order reflects either what the parents agree is appropriate or what a family law judge determined was in the best interests of the children. Parents are at risk of enforcement actions if they fail to follow the custody order.
They have an obligation to work with their children to uphold the current schedule for shared parenting time or visitation. A teenager cannot simply decide to refuse time with one parent while they are still a minor.
While it is true that family law judges consider the wishes of older children, their preferences do not outweigh the courts’ assessment of what is in the child’s best interests. Teenagers can often influence the final custody determination, but they cannot demand the termination of their time with one parent because they prefer the company of the other.
Parents dealing with a rocky relationship with a teenager and/or custody order non-compliance may need help taking the right steps to improve their relationship and enforce the custody order at issue. Understanding that a teen’s wishes do not dictate parental obligations can sometimes motivate parents to take action after repeated violations of a custody order.