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How Should I Handle Parenting Time if My Child Doesn't Want to Go?

Watching your son or daughter leave for custody and visitation with the other parent can be hard. It can also be worrying if your child seems like they don’t want to go.

Children can act upset during parenting time for many reasons. You should always take your child’s safety seriously. However, don’t let strong emotions lead you to make mistakes that could complicate your child custody case. Acting out of anger could get you in trouble with the court.

Instead of stopping the child from seeing the other parent, it is better to solve custody and visitation issues in the proper way. Working with a lawyer to change your child custody order may be the best approach in some situations, but before you take that step, it’s important to carefully assess the circumstances. In this article, we’ll provide some guidelines you can use to evaluate your situation.

If You Have Real Concerns About Your Child’s Safety, Contact a Custody Lawyer Immediately

Your child’s safety is your main concern. You have legal options if you truly think that visiting the other parent is harming or could harm your child.

If you believe your child is in imminent danger, call 911 and inform the authorities.

After you contact the authorities, make your next call to a child custody lawyer. A lawyer can work with you to quickly create an emergency response plan. This plan may include a protective order against an abusive parent. It could also involve filing a motion to change the parenting time schedule temporarily or provide other protections for your child.

RELATED: What You Need to Know About Emergency Custody in North Carolina

Don’t Always Assume Your Child Is in Danger with Your Ex

Remember that the younger your child is, the fewer tools they have to express and explain their feelings. Your child may cry for many reasons. They might feel anxious, afraid, sad, uncertain, or simply tired and hungry. Sometimes, they want to please you to prevent you from being upset and may act in a way that they think makes you feel better.

It can be easy to think your child gets upset at a custody and visitation handoff because they don’t like your ex. However, that might not be a fair assumption. Frequently, both parents will make claims that the child is upset when they return to the other parent. Your child might be upset for a variety of other reasons, including the ones listed below.

RELATED ARTICLE: Can I Prevent My Spouse From Seeing the Children During a Divorce?

They’re Mimicking Subtle Cues That You’re Upset

Even if you don’t openly criticize your ex, you might still show your unhappiness in other ways. This can happen in unintended ways involving parenting time. For example, think about the emotional impact of these statements and gestures: 

  • “I don’t want you to go, but your mom says you have to.”
  • “I’ll miss you so much! I’ll be sad all weekend without you.”
  • “I’m so glad you’re home! I can’t stand being away from you.”
  • You refuse to leave the car or make eye contact with your ex during the hand-off.
  • You’re tearful or tense every time you drop your child off.
  • You cry in relief when your child returns home.

Children are great observers, but they might not understand the practical aspects of divorce. That means they’ll look to you for guidance. If you look sad, anxious, or hurt during a custody exchange, then your child may feel anxious or unsafe. They might think they are not safe with the other parent or that you are upset with them for leaving. 

They’re Trying to Validate Your Importance

Children will sometimes feign sadness to make you feel better. They might know you feel sad or conflicted about their time with their other parent.

Your child might actually feel happy to be with the other parent. However, because they know your feelings, they might believe you will feel better if they look sad or unwilling to leave you.

Change Is Difficult for Kids

Changes and transitions can be hard for children regardless of their age. Think about how difficult it was if you switched schools or moved to a new neighborhood as a child. Even if your child has a good time with their other parent, leaving you and your home may cause anxiety.

They’d Rather Do Something Else

Children’s priorities often shift as they grow older and more mature. They may naturally begin to prefer spending more time with friends and less time with their parents.

Children also often want to skip chores and family tasks. They may feel upset when these duties make them miss fun activities. If a custody and visitation schedule conflicts with a child’s own plans, either parent can experience pushback.

Assess Your Child’s Unhappiness with Help from a Professional

When your child is resisting parenting time, do your best to assess the situation impartially.

In most cases, you should support the child’s relationship with the other parent. It can be difficult to move past your own feelings, but studies consistently show it is best for your child to have a good relationship with both parents. Avoid talking about the other parent in a negative way based on your own feelings. Instead, help make the transition positive and encouraging.

RELATED: 10 Mistakes That Can Hurt Your Child Custody Case

If you need help with this process, consult a trained counselor or a child custody lawyer. A professional can help you find the main issues your child has with parenting time and work with you to create a plan that keeps your child’s emotional and physical health secure.

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What Should I Do If My Ex Is Interfering with My Custody and Visitation Rights?

North Carolina law supports a child having strong relationships with both parents. It also provides legal protections for the custody rights of both parents.

If you believe your ex is interfering with your custody rights or attempting to damage your relationship with your child, contact a child custody lawyer immediately. If the other parent has violated the court’s order, it can lead to civil or criminal contempt of court charges. The court also might change your existing parenting plan or child custody order.

You can Modify the Custody and Visitation Schedule if There’s Been a Significant Change in Your Family’s Circumstances

As your child’s needs change, so can your custody schedule. North Carolina law requires a substantial change of circumstances affecting the welfare of the child in order to modify a custody order. If you think there has been a substantial change, consult an experienced family law attorney.

RELATED: Use These 5 Tips to Create a Parenting Plan That Works

Sometimes, a lawyer can help you negotiate a new parenting plan with your ex outside of court. However, if this doesn’t work or isn’t right for the situation, your lawyer can help you file for a modification of custody instead.

Myers Law Firm: Child Custody Lawyers for Parents in Charlotte and Mecklenburg County

Myers Law Firm is one of Charlotte’s leading family law and child custody firms. If you need help with a child custody issue, contact us to schedule your initial consultation. We’ll listen to your story and help you understand your legal options. To request your consultation today, simply complete our online form or call us at (888) 376-2889.

References

Definitions, Article 1, Chapter 50, N.C. General Statutes. § 50-16.1A. (2015). Retrieved from http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-16.1A.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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