At What Age Can a Child Refuse to See a Parent in Florida?

When parents in Florida go through a divorce or separation, child custody and visitation (also known as “time-sharing”) become emotionally charged issues. One common question parents and guardians ask is: “At what age can my child refuse to see the other parent?”

The answer in Florida isn’t as straightforward as one might hope. The state doesn’t provide a specific age at which a child can legally decide whether or not to see a parent. Instead, Florida courts base these decisions on the best interests of the child, and a child’s preference is just one of many factors considered. 

In these sensitive and life-impacting matters, you should get legal representation from a proven and experienced Florida lawyer for child custody cases. 

Florida’s Legal Framework for Custody and Visitation

Time-Sharing Instead of "Custody"

Florida Statutes § 61.13 governs custody and time-sharing arrangements. In 2008, the legislature moved away from using terms like “custody” and “visitation” in favor of “parental responsibility” and “time-sharing.” The change emphasized the goal of encouraging both parents to remain involved in their child’s life.

Under this statute, courts presume that frequent and continuing contact with both parents is in the child’s best interest, unless such contact would be detrimental. Time-sharing schedules are either mutually agreed upon by parents and approved by the court or ordered by the court after litigation.

Can a Child Refuse Visitation in Florida?

No Absolute Age Threshold

There’s no specific age under Florida law at which a child can decide to stop seeing a parent. Unlike some states that may grant older teens more agency in custodial matters, Florida courts maintain discretion, regardless of whether the child is 10 or 17.

The Child’s Preference Is a Factor, But Not a Decider

A child’s opinion may be considered by the court, but it’s just one factor among 20 statutory elements laid out in Florida Statute § 61.13(3), which determine the best interest of the child. Other factors include:

• The demonstrated capacity of each parent to meet the child’s needs
• The moral fitness of the parents
• The child’s school, home, and community record
• Each parent’s ability to foster a relationship between the child and the other parent
• Any evidence of domestic violence or abuse

Maturity Over Age

Courts place more emphasis on the maturity of the child than their chronological age. If a judge determines that a child has the intelligence, understanding, and emotional development to form a reasoned opinion, they may take that opinion seriously. However, that preference will be weighed against all other relevant factors.

For example:

• A 17-year-old who refuses visitation due to consistent verbal abuse from a parent may influence a judge’s decision.
• A 12-year-old who prefers living with a more permissive parent may not.

How Is a Child’s Preference Presented to the Court?

Direct Testimony vs. In-Camera Interviews

Florida courts are careful about involving minor children in litigation to avoid unnecessary emotional harm. There are two primary ways a child’s views may be presented in the courtroom:

In-Camera Interviews (Private Interviews with the Judge)

Under Florida Family Law Rule 12.407, a child may speak to the judge in the judge’s chambers without the presence of attorneys or parents. This setting reduces pressure on the child and allows the judge to assess sincerity, maturity, and reasoning firsthand.

Judges will generally only allow in-camera interviews with children who demonstrate a reasonable level of maturity and only when it’s in the child’s best interests.

Guardian ad Litem or Custody Evaluator

Courts may appoint a Guardian ad Litem (GAL) or mental health professional to investigate the family dynamics. These individuals interview the child, parents, and other relevant parties, then provide a report and recommendation to the court.

This method adds an objective layer to the child's expressed wishes and prevents them from being involved in the adversarial courtroom setting.

When Can Refusal Be Justified?

Justified Refusals

Refusal to see a parent may be justified in certain circumstances. These may include:

• Documented abuse or neglect
• Substance abuse or mental health instability
• Parental alienation efforts by the custodial parent
• Repeated failure of the noncustodial parent to exercise visitation

In such situations, a court may suspend, supervise, or restrict time-sharing. However, the decision will still rest on evidence, not just the child’s word.

Unjustified Refusals

If the child’s wishes or visitation refusal appears to be coached or encouraged by one parent, or based on superficial preferences (e.g., "Dad has more video games"), the court is unlikely to modify time-sharing. Worse, the parent encouraging such views could be found in contempt of court or accused of parental alienation.

Can a Teenager Simply Refuse to Comply?

Practical Realities vs. Legal Authority

As a child gets older, especially in the 16 to 17 age range, it can become difficult to enforce visitation. Judges recognize this and may not force a near-adult to comply if they’re adamant, particularly when accompanied by a legitimate rationale.

That said, until the child turns 18 or becomes legally emancipated, parents are still bound by the time-sharing order. A parent who fails to produce the child for visitation may face legal consequences, even if the refusal comes from the child.

Contempt and Enforcement

If one parent consistently fails to comply with the court-ordered schedule, the other may file a Motion for Civil Contempt and Enforcement. The court may then impose penalties such as:

• Compensatory time-sharing
• Fines
• Mandatory parenting courses
• Attorney’s fees
• In extreme cases, even modification of the time-sharing arrangement

Legal Options When a Child Resists Visitation

When a child is refusing to see one parent, there are constructive legal remedies available in Florida:

Motion to Modify Time-Sharing

If a material change in circumstances has occurred, such as abuse, criminal behavior, or a significant change in the child’s emotional or physical needs, a parent may file to modify the time-sharing plan. The court will still evaluate this under the best interest standard.

Supervised Visitation

If there are legitimate safety concerns, supervised visitation may be ordered. This allows the parent-child relationship to continue while protecting the child from harm.

Therapeutic Reunification

Courts sometimes order counseling between the child and the resistant parent to repair fractured relationships. This may include co-parenting therapy or individual therapy for the child.

Emancipation and Age of Majority in Florida

The age of legal majority in Florida is 18 years old. At that point, custody and time-sharing orders no longer apply. Until then, the child cannot legally dictate their schedule.

The only exception is legal emancipation, which is rare and granted only in limited circumstances under Florida Statutes § 743.015. Emancipated minors gain the legal capacity of adults, including the right to make their own living and housing decisions. However, the process is complex and not easily granted based on time-sharing disagreements alone.

How Our Florida Child Custody Lawyers Can Help When Your Child Resists Visitation

When a child refuses to see a parent during a court-ordered time-sharing schedule, the situation can become legally and emotionally complex. Florida law doesn’t allow a child to unilaterally decide to end visitation, so parents need to respond strategically, rather than react emotionally. 

At Veliz Katz Law, our Florida child custody attorneys have the skill, sensitivity, and courtroom experience necessary to represent you effectively in this matter.

Legal Guidance Based on Your Family’s Specific Circumstances

Every child and family dynamic is unique. Our attorneys begin by listening carefully to your concerns and assessing the child’s age, emotional maturity, and specific reasons for refusing visitation. Whether the refusal stems from legitimate safety concerns, anxiety, or manipulation by the other parent, we develop a legal plan rooted in both Florida law and psychological insight.

Strategic Representation in Court: Modification, Enforcement, or Contempt

We help parents take appropriate legal action, including:

• Petitions to modify time-sharing when circumstances materially change
• Motions to enforce visitation rights when one parent is denied access
• Contempt actions against a non-compliant co-parent violating court orders

Our attorneys understand how to present compelling evidence to the judge, whether through documentation, expert reports, or witness testimony.

Access to Top Experts and Child-Focused Resources

Depending on the circumstances of your case, we may work with Guardians ad Litem, child psychologists, and forensic evaluators to provide neutral insight into the child’s best interests. These professionals can help uncover whether the child’s resistance is due to manipulation, trauma, or other psychological factors in order to ensure that the court receives an objective picture.

Dedicated Advocacy Centered on the Child’s Well-Being

In a visitation refusal case, our family law attorney in Florida won’t rely on emotion or speculation. Our courtroom advocacy is based on facts, expert opinions, and legal standards. Judges respect our evidence-driven, child-focused approach that aims to foster healthy parent-child relationships whenever safe and appropriate.

Compassionate, Discreet Representation

Disputes related to custody arrangements are personal. We will handle your case with confidentiality, empathy, and professionalism, preserving your family’s dignity while protecting your rights and your child’s emotional health. Let our Florida divorce lawyers at Veliz Katz Law help you move forward with strength, clarity, and purpose. To schedule a meeting with our legal team, call us at 407-250-7626 or contact us online.