Arizona law emphasizes the importance of both parents having meaningful relationships with their children. In a divorce, each spouse submits a proposed parenting plan and the court adopts one that maximizes their respective parenting time, consistent with the child's best interests. But what happens if a child living most of the time with one parent decides they don’t want to visit the other?

A parenting plan adopted by a court must include a “practical schedule of parenting time for the child, including holidays and school vacations.” Both parents have a duty to foster a positive attitude towards mutual visits and must not do anything to obstruct them. In case of a refusal, it's advisable for parents to try to understand the reasons. These may be as simple as the child not wanting to disrupt their living routine or their daily relationships with friends near one parent’s home. But there may be more complicated factors, such as not feeling comfortable in the other parent’s home or with his or her living companions. Still more poignant concerns may be the child’s fear for their personal safety, if there are allegations of abuse or neglect. 

A counselor or therapist can talk to the child privately to get at the root issues. The parents might also try mediation. This involves both parents and a neutral third party working together to reach an amicable solution that respects the child's feelings as well as the parenting plan.

If no compromise can be reached, there are legal remedies available. If one parent believes that the other is unduly influencing the child's refusal or is otherwise not complying with the parenting plan, they can file a petition for enforcement, asking the court to enforce the terms of the parenting plan. This step usually follows repeated attempts to resolve the issue through communication and mediation.

The court will examine evidence, including communication between parents and any reports from mediators or counselors, to determine the cause of the child's refusal and whether there is any merit to any claims of influence or obstruction by the other parent. 

Depending on the findings, the court might modify the existing parenting plan if it deems the current arrangement is not in the best interest of the child, taking into account the child's age, emotional state, and the reasons for refusal. In extreme cases, consider changing custody arrangements, although this is typically pursued only when there is evidence of harm or significant negative impact on the child.

If a parent is found to be willfully violating the parenting plan by influencing the child’s refusal, they could be held in contempt of court. This could lead to fines, mandatory counseling, or changes to custody.

Keep in mind that a teen’s refusal to one parent does not relieve either parent of their legal obligations under the parenting plan. Only a court can modify the schedule and only in justifiable circumstances. A skilled child custody attorney should be consulted if you cannot resolve the impasse on your own.

At Clark & Schloss Family Law, P.C. in Scottsdale, we represent Arizona residents in all aspects of child custody and parenting time. Contact us online or call 602-789-3497 to arrange a consultation.