Emergency Motion To Return Child For Visitation In Washington
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FAQ
There is no set age at which a child can refuse visitation in the state of Washington. Many parents are in the position of having an independent child who simply refuses to visit the other spouse.
If you want to change a temporary custody order, you'll have to file a motion, write an affidavit (written statement), and collect other affidavits from professionals, neighbors, friends, and family members who support your motion.
Usually a parent may request an emergency temporary child custody when the other parent presents an immediate danger. Substance abuse by a parent, abandonment, and other reckless or threatening behavior often constitute grounds for a court to issue an emergency custody order.
While I cannot speak to the laws of other states, under Washington State law, an unemancipated person under the age of 18 does not have the ability to make their own residential decisions. The parents (and sometimes the court) are the ones who are empowered to make those and most other decisions for the child.
At age 18 in all of the United States, a child can decide not to visit the other parent without consequence to themselves or the favored parent. Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent.
Refusing visitation or parenting time can cause legal trouble. As a co-parent, you are responsible for making sure your child sees their other parent or switches to their other home ing to the parenting agreement in place or the controlling Court Order—even if your child really doesn't want to.
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm. However, understanding what constitutes emergency custody can be complicated.
Many parents are encouraging their children to see the other parent, but the child refuses to do so. If a parent is preventing visits, the judge can enforce the visitation order or even hold the parent in contempt.
What are the key factors to emphasize in a letter to a judge for child custody? Take an active role in your child's life. Demonstrate that you have tried to co-parent with the other parent. Demonstrate your plans for the child, including school and extracurricular activities.
