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Commonly Asked Questions about Child Visitation Rights

Typically, a child of school age usually will have visits with a non-custodial parent every other weekend. Based on the age of the child and other factors, these visits may or may not be overnight visits.
Legal consequences for withholding a child can include contempt of court, fines, or even jail time. Alternatives like mediation and counseling are recommended to resolve co-parenting disputes. A mother can only legally withhold a child from the father under extreme circumstances, such as evidence of abuse or neglect.
Notify and involve the other parent If your child refuses visitation, notify your co-parent as soon as possible. Use a method of communication that can document the incident and can prove when you told your co-parent.
In Texas, children aged 12 and older can express their preference regarding living arrangements to the court, but the final decision rests with the judge.
This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. They will not automatically be granted their preferred custody arrangement as the court still must rule in their best decision.
Blocking visitation or custody rights. A custodial parent may not deny visitation unless theres a legitimate reason to believe the child is in immediate danger of serious harm, such as when the other parent is intoxicated or violent when coming to pick up the child.
Answer: In Texas, theres no specific age set by law at which a child can legally refuse to visit a parent. Instead, the court considers various factors, such as the childs age, maturity, and the reasons for their refusal. Generally, the preferences of older and more mature children are given more weight.