However, there's not a lot of tolerance when a child exercises that willpower by refusing visitation. He's a senior in More high school. Re: 17 Year Old Son Left House Thank you for contacting the National Runaway Switchboard. If they do not, then the custodial parent can be held in contempt of court. I am currently 17 years old, being five months away from turning 18 in West Virginia and wanting to live with my father who has a criminal record of abuse and alcohol abuse but is now recovered and sober; though my mother refuses to easily let this happen. Ex Parte Rosser, 899 S.W.2d 382 (Tex.App.-Houston [14th Dist.] It’s understandable that you have your concerns about being liable for your son’s actions, but you also want him to come back home based on your terms and not his. Teens. I have filed a petition to change custody (court date is in a little over a month); however, it was time to return him to his father last week and he will not go and told his father to his face and on the phone several times. If you force your 16-year-old to visit, I can assure you that the visitation will not go well. Made life so miserable with his difiant and rages. 17 is a tough age. Question: My ex won't comply with court orders by providing transportation for our fourteen-year-old daughter. As the custodial parent, can the child be forced to return to school or put out of the house? ? How soon before he turns 18. I file police reports. (North Carolina) Does a parent have any rights with a 17-year-old minor living in the house that drops out of high school and refuses to do anyting else (ie. I feel your pain!! Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. For example, let’s say your child is 16-years-old and wants to hang out with his or her friends instead of visiting with you. Parents can decide visitation on their own, or hire a mediator to help. This is false. 1995, orig. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. As long as there is a court order giving the father primary custody, if he doesn't return, you could be held in contempt of court. A parent doesn’t necessarily have to force visitation between the child and other parent. Godard v Godard, 2015 ONCA 568Shared custody or access arrangements involving pre-teens can be a challenge when the child insists that they do not want to see the other parent. We have two children 15 and 4. proceeding) However, the Houston court of appeals came down on the issue differently. In the majority of states including Ohio teens under the age of 18 cannot legally make the decision themselves whether or not to see their parents. My almost 17 year old son refuses to go back to his fathers. What to Do Right Away if Non-Custodial Parent Won't Return Your Child. Yes, he can be forced. work?). Relatives and governmental officials may seek child support from the runaway’s parents through the court system. If your ex does fail to return the kids, their actions break both criminal and civil law, and also violate the custody and visitation orders that you have in place. Technically, if the non-custodial parent has court ordered visitation, then the child and custodial parent have to comply with it. The only way to change this situation is for the custodial parent to go to court and try to get a modification of the custody agreement. You still have the right to punish him accordingly if your son is disobedient, even though he's 17. One of the most common issues that youth contact NRS about are family dynamics and conflict with the family rules. My 15 year old stayed with his father who has this narcissist behavior. Joint custody in the divorce and my 16 year old refuses to come to my home for the weekend. Parental Right to Punish. Because "Efforts by a custodial parent to relocate a child out of the Commonwealth often give rise to a claim for custody by the parent not seeking the move," case outlines the different standards required by a request for modification of custody and a request to relocate, and details the necessary considerations in a request to relocate. Smith v. However, at 17, she is old enough to be assertive enough to refuse to board a plane and if your word isn't enough as a parent, … My 4 year old is getting the other side of it where he won’t even try and see him. 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