So, here's your answer! In Texas, children do NOT have a right to refuse visitation until the age of 18.
Child's Autonomy and Decision-Making After Turning 18
Once a child reaches the age of 18 in Texas, they gain autonomy and the ability to make decisions about visitation. They can choose whether or not to spend time with their parents and can establish their own parenting time schedule.
Legally, Your Child Can Refuse Visitation at Age 18
When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
Because Courts often encourage contact with both parents, a case must be made to show why the non-custodial parent is unfit. Gather and organize evidence you have that shows erratic, irresponsible, or dangerous behavior from the other parent.
The Texas Family Code, under section 161.001(2), stipulates that a parent's rights may be involuntarily terminated if they have voluntarily left the child alone or in the possession of another without providing adequate support for a period of at least six months.
The law seeks to protect children from abuse following divorce cases. You can deny visitation if you have sufficient reason to believe your child is in danger of facing any kind of abuse. For example, the risk of sexual abuse may come from your ex or their new partner.
Parental rights can only be terminated by court order in Texas. A signed voluntary relinquishment or waiver of interest, or even a failure to file with the paternity registry, is not enough to forever end parental rights. A judge must sign a court order to end those rights forever.
In Texas, children do NOT have a right to refuse visitation until the age of 18. So, if your 10-year-old doesn't want to visit dad or mom, that's a decision he or she doesn't have the right to make. There are many reasons a child won't want to visit mom or dad in a shared custody situation.
I am often asked can I enforce the court order to make the other parent exercise his/her visitation? The answer is no. You can not make a parent exercise their visitation.
Although children cannot officially decide which parent they want to live with until they are 18 years old, Texas law does allow children that are 12 or older to have a say in where they'd like to live, but ultimately a judge will make the final decision.
Let your child know that you will miss them but that you want them to spend this time with their other parent. Keep transitions short, sweet, and reassuring. No matter the reason as to why your child is refusing to spend time with their other parent, you must manage this situation in an appropriate, fair manner.
Parental alienation is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent.
Generally, Neither You Nor Your Ex Can Dictate Who Gets to Be Around Your Child. In most cases, neither parent has the right to determine who can be around their child. However, there are certain circumstances where the court must consider limiting contact with certain individuals.
In Texas, parents and guardians are legally responsible for their children until age 18 – unless emancipation has been granted. If a parent reports their 17-year-old child as a runaway and the teen is subsequently identified by a peace officer, law enforcement can return them home until age 18.
If the parents live within 100 miles of each other, the noncustodial parent has parenting time with the child every 1st, 3rd, and 5th weekend, one weeknight per week during the school year, about half of all holidays, and for an extended time during the summer.
A child visitation agreement is a court order that generally sets out the schedule that both parents follow in order to continue their relationships with their children after a divorce. Failing to follow that court order can lead to a jail sentence of as long as two years and a fine of as much as $10,000.
If the court determines that immediate action is necessary to protect the child's welfare, law enforcement may be involved. The police can assist in enforcing the custody order, such as facilitating the transfer of the child from one parent to the other or ensuring compliance with visitation schedules.
Most of the time, courts do not stipulate in the custody agreement that the child shall have a separate room during overnight visits. While no law compels a parent to give a child their own room, the law does provide a judge the discretion to order it.
Generally, supervised visitation is not designed to be permanent. It may be ordered for a specified amount of time, during which the parent will be observed, so that a judge may review and revisit the case to determine if it is safe to permit unsupervised visitation.
The Answer: 12 Years Old & Over
So, when can a child choose which parent to live with in Texas? The law allows the judge to interview a child that is 12 years of age or older concerning custody.
Grounds for Termination
a parent abandoning a child who is in the care of CPS, a parent endangering the child. a parent failing to comply with court orders that specifically established the actions necessary for the parent to obtain the return of their child who has been in the legal custody of CPS.
If a noncustodial parent refuses to return a child in Texas, a legal parent can either persuade the noncustodial parent to return the child or take legal action, including filing for a Petition for a Writ of Habeas Corpus or a Writ of Attachment.
The unfit parent may have a history of domestic violence, child abuse, substance abuse, child neglect, felonious behavior, parental alienation, sexual abuse, or many other behaviors that would put a child at risk of various types of harm. It is up to the Judge to decide if a parent is unfit.
In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.
Most courts will order parents into mediation first. Penalties might include requiring the offending parent give you make-up parenting time, to pay fees and fines, or in serious cases, to go to jail or be placed on probation. You also may have the option of suing the other parent, and asking the court for damages.