Understanding Parenting Time Challenges in Minnesota and Wisconsin
When a child resists or refuses to visit their other parent, it can be an emotional and legally complex situation. As a parent, you may feel torn between supporting your child’s feelings and following a court-ordered parenting time schedule. At Benjamin Kaasa Law Office, PLLC in Duluth, MN, we understand how difficult this can be—and we’re here to help guide you through your options.
Common Concerns When a Child Refuses Parenting Time
It’s not uncommon for parents to ask:
- “Do I have to force my child to go to the other parent’s house?”
- “Can I be held in contempt if my child doesn’t want to go?”
- “What are my legal obligations when my child refuses parenting time?”
In Minnesota and Wisconsin, parenting time orders are legally binding. That means the custodial parent is generally expected to encourage and support the child’s relationship with the other parent, even when the child expresses reluctance. Failing to do so could lead to accusations of parenting time interference or contempt of court.
Why Children May Resist Visitation
Children may refuse parenting time for many reasons, including:
- Anxiety about transitions or separation from the primary caregiver
- Loyalty conflicts between parents
- Discomfort with the parenting style or household rules in the other home
- Feeling unheard or misunderstood
- Fear of emotional or physical abuse
Understanding why your child doesn’t want to visit the other parent is key to determining your next steps.
How Age and Maturity Impact the Court’s View
Minnesota and Wisconsin courts don’t allow children to “choose” where to live until they turn 18, but the older and more mature a child is, the more weight their preferences may carry. A teenager’s well-reasoned objections may be considered differently than a younger child’s reluctance.
Courts typically want to ensure that a child’s voice is heard, without making them feel like they’re being asked to “choose sides.”
What Judges Consider in Visitation Refusal Cases
Courts in both states prioritize the best interests of the child, and part of that includes maintaining a strong relationship with both parents. However, if a child consistently resists visits, the court may consider:
- The child’s age, maturity, and reasoning
- Each parent’s relationship with the child
- Any history of abuse, neglect, or emotional harm
- Whether the custodial parent has encouraged or discouraged visitation
- Input from a Guardian ad Litem or licensed therapist
What You Can—and Should—Do
If your child doesn’t want to visit the other parent, take the following steps:
- Document the Behavior: Keep a written record of when and why your child refuses visits. This can be valuable if court involvement becomes necessary.
- Communicate with the Other Parent: Try to have a calm, respectful conversation with the other parent about your child’s concerns. Avoid blaming language and focus on the child’s well-being.
- Avoid Coaching or Discouraging Visits: Even if you sympathize with your child, don’t encourage them to skip parenting time. Courts may view this as interference.
- Consider Counseling: Sometimes children need a neutral space to express their feelings. A family therapist or counselor may help uncover deeper issues and guide your next steps.
- Consult a Family Law Attorney: If the issue persists, you may need to request a modification of parenting time or seek other legal remedies. An experienced attorney can assess your situation and help you navigate the next steps.
How Our Duluth Family Lawyer Can Help
At Benjamin Kaasa Law Office, we assist parents throughout Northern Minnesota and Wisconsin who are facing difficult child custody or parenting time challenges. Whether you need to enforce a current order or request a modification, our office is ready to advocate for your family’s best interests.
Contact our Duluth, MN family law office at 218-464-3397 to schedule a consultation. We’re here to provide clear guidance and strong representation in matters involving child custody, parenting time, and post-divorce modifications.