Timesharing, also referred to as child custody or visitation, is an essential aspect of Florida family law, especially when parents get a divorce. In Florida, public policy mandates that minor children have frequent and continuing relationships with both parents even after a divorce. In Florida, timesharing ensures that parents spend a certain amount of time with their children and remain actively involved in decision-making. However, timesharing can get complicated when children refuse to spend time with one parent or prefer to spend time with a specific parent. In such cases, parents may wonder, “Can a child refuse timesharing?”

So, can a child refuse timesharing in Florida? Generally, in Florida, minor children (those below 18) do not have the right to refuse to cooperate with a timesharing agreement. However, in cases where a child has a genuine reason for refusing timesharing, such as feeling unsafe with one parent, the court may investigate these concerns and modify the timesharing agreement accordingly. Read on to learn more!

Why Do Children Refuse Timesharing?

Children may refuse timesharing or visitation for various reasons. Refusal to comply with timesharing or visitation may be a one-time thing based on a minor issue or stem from a stronger desire to stay away from one parent and be with the other parent. The following are some of the reasons children refuse timesharing;

• Timesharing is new, and they don’t understand the concept of divorce.
• They don’t want to be away from their school or friends
• The child harbors resentment about their parent’s divorce.
• One parent has harsher rules than the other.
• The child does not like the parent’s new partner.

Sometimes, a child has a legitimate reason for refusing timesharing. For example, a child may refuse timesharing because of physical, sexual, or emotional abuse.  

Can Children Refuse Timesharing?

When a child does not wish to see one parent without legitimate cause, both parents are required to work together to solve this problem. A parent knowingly allowing their child to refuse to miss timesharing without legitimate cause can lead to legal consequences. The affected parent can petition the court to force compliance. Potential penalties for non-compliance include awarding the affected parent more time with their child, holding the “guilty” parent in contempt of court, and mandating parenting courses.

If a child refuses to visit their parent for a genuine reason, such as physical, sexual, or emotional abuse, the other parent should present the matter to the court. The court may conduct investigations, and if there is any evidence that the allegations are true, the judge may modify the timesharing arrangement accordingly to ensure the child’s safety and well-being.

Courts at Times Consider Children’s Preferences

It’s crucial to note that in Florida, judges may consider a child’s preferences when making timesharing decisions. A judge may consider a child’s preference if they are considered mature enough to provide an informed opinion. However, this preference is only one of many factors listed under Florida Statute 61.13 that Florida courts consider when making timesharing decisions.

Contact a Family Law Attorney

If you need help addressing issues that have arisen due to timesharing refusal or other timesharing matters, contact a skilled family law attorney at the Tampa Bay Legal Center, P.A.