What if my child does not want to go to or back to the other parent?

The court order is substantially a “law” for you, the other parent and your child. As such, it must be followed. If you refuse to honor the timesharing schedule, your former spouse can file a motion for contempt and/or enforcement against you. In these circumstances, the court can order make-up timesharing, order you to pay attorneys’ fees, and enforce the court-ordered timesharing schedule.
Allowing your child to decide whether or not he or she will follow the law sets a bad example, and it could result in teaching the child to disregard authority. Further, it may subject you to civil contempt or even criminal charges for visitation interference. And, it will be YOU who is charged—not your child. The court can order sanctions against you to compel your compliance with the order, possibly even fines and jail time.
The two most common enforcement and contempt issues are failure to pay support (alimony or child support) and failure to comply with a parenting plan.
However, if there are health or safety concerns that factor into your decision to keep your child from going to or back to the other parent, you may need to put your child's welfare first. You should consult an attorney as soon as possible if these issues arise to determine the correct course of action.
The experienced attorneys at Nicole L. Goetz, P.L can assist you throughout the entire divorce process, from evaluation through settlement, and if necessary, through litigation of the issue.  Our attorneys also assist with post judgment modification and enforcement actions.  To schedule a confidential consultation and receive more information about your options, please contact our office in Naples, Florida at 239-325-5030.

The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute, nor should it be considered a substitute for legal advice from a qualified attorney knowledgeable about your specific factual situation.

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