As children grow older, their opinions about visitation and time become stronger as they develop as a person, and it can be difficult, especially during the teenage years.
Parents frequently ask whether their child can simply refuse to go to visitation with the other parent, and how this affects their record.
In North Carolina, custody and visitation are governed by the best interests of the child, not the child’s preference alone. While a teenager’s wishes are considered by the court, they do not have the legal right to unilaterally refuse visitation until they reach adulthood (18 years old).
This blog explores how North Carolina courts handle these situations, when a teen’s input matters, and why having a family lawyer to review your options is crucial.
How North Carolina Custody Law Works
Best Interests Standard
North Carolina courts use the best interests of the child as the guiding standard in custody and visitation cases under N.C. Gen. Stat. § 50-13.2.
Can a Teen’s Preference Influence Custody?
Yes, but only as one factor among many. Courts may consider a teen’s age, maturity, and reasoning for not wanting visitation. However, this is not automatically binding on the court’s decision.
Legal Obligation to Comply
Once a custody order is in place, both parents are legally obligated to follow it. Failing to comply (without court approval) can result in contempt of court and legal penalties.
Still have questions? You don’t have to go through it alone, contact Martine Law today.
Common Reasons Teens Refuse Visitation
- Conflict with the other parent: Disagreements, discipline, or strained relationships
- New social life: Sports, friends, and activities conflicting with visitation schedule
- Discomfort or fear: Concerns about safety or mistreatment
- Household differences: Rules, expectations, or environment creating friction
What Should You Do If…
Your Teen Refuses Visitation
- Stay calm and avoid forcing a confrontation that could harm the parent-child relationship.
- Document your teen’s reasons and any incidents that might justify a change in custody.
- Follow the court order until it is legally modified—otherwise you risk being held in contempt.
- Contact a North Carolina family law attorney to request a custody modification if there are legitimate concerns.
The Other Parent Claims You’re Interfering
If the other parent accuses you of preventing visitation:
- Show proof that you encouraged your teen to go.
- Provide written communication with your child about visitation.
- Demonstrate that the refusal was voluntary and not coerced.
Legal Options for Parents
If visitation problems continue, you may:
- Request a custody modification to adjust schedules, especially for older teens with extracurricular commitments.
- Seek mediation to resolve disputes before returning to court.
- Involve a Guardian ad Litem if the child’s safety or welfare is in question.
Key Takeaways
- In North Carolina, a child—even a teenager—cannot legally refuse visitation until they turn 18.
- Courts may consider a teen’s wishes but will prioritize their best interests above all.
- Parents must comply with court orders and pursue modifications through the legal process if circumstances change.
- Open communication, documentation, and professional legal guidance are essential to resolve disputes effectively.
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If your teenager is refusing visitation or you’re concerned about complying with a custody order, contact Martine Law today. Our experienced North Carolina family law attorneys can help you protect your rights and your child’s best interests. Call request a consultation online.
FAQs
At what age can a child decide not to visit a parent in NC?
Children cannot make that decision legally until age 18. Their preference is considered but does not override a court order.
What if my child feels unsafe with the other parent?
Document concerns and work with your attorney to request a custody modification or emergency order if necessary.
Can I be held in contempt if my child refuses to go?
Yes, if the court finds you failed to encourage or facilitate visitation. Always show that you acted in good faith.
Do judges talk to teens directly about custody?
Sometimes. Judges may interview children privately to hear their preferences, depending on age and maturity.
Can visitation schedules be changed for teens’ school or activity schedules?
Yes, if it’s in the child’s best interest and approved by the court.