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In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated. Minor children are not considered capable of making such decisions for themselves and are not permitted to “choose” living with one parent over another.
Sometimes, with older children who refuse visitation, it may not be considered the parent's fault if the visit didn't happen. But if a child continually refuses to follow the visitation schedule, regardless of the child's age, then a parent may decide to get the court involved through contempt proceedings.
In Washington, a Parenting Plan does not award custody. Instead, it has a Parenting Time Schedule that says when the children will live with each parent. If the parents do not agree on a schedule, the judge will decide one in the children's best interest.
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.
Notify and involve the other parent If your child refuses visitation, notify your co-parent as soon as possible. Use a method of communication that can document the incident and can prove when you told your co-parent.
In Washington state, if you are in a situation where the other parent to your child is not following the parenting plan in bad faith, then your recourse is to file a contempt action in court.
In Washington, a Parenting Plan does not award custody. Instead, it has a Parenting Time Schedule that says when the children will live with each parent. If the parents do not agree on a schedule, the judge will decide one in the children's best interest.
Both Parents Have To Agree in Writing on the Terms of Custody. If you want to avoid going to court to modify custody arrangements, both parents must agree in writing on every aspect of custody that is being changed.
To start the case, file with the clerk of the superior court, the completed original Petition for Modification/Adjustment of Custody/Parenting Plan/Residential Schedule, Summons, Confidential Information Form, and Child Support Schedule Worksheets and the Sealed Financial Source Documents cover sheet, with financial ...