If a child expresses a desire not to see their father, it is generally recommended to address the situation through the legal system. Parents may need to go back to court to seek modifications to the existing custody arrangement, presenting evidence and arguments to support any changes.
When Can a Child Refuse Visitation in Michigan? Until children turn 18 or become legally emancipated, they don't have the right to refuse visitation that's required under a court's custody order. Both children and their parents must comply the order.
In Michigan, the age of majority is 18 years. This applies to all individuals; those with and without disabilities.
A letter of agreement between two parents should clearly state the terms of their co-parenting arrangement, including custody, visitation, decision-making responsibilities, and financial obligations. Both parents should sign the letter, which should be notarized to ensure enforceability.
Judges will allow children to express a preference. However, children cannot legally choose where to live until they have reached the age of 18 or are determined to be emancipated. CONSISTENCY OVER TIME: Judges will look to see if the children have had a history of expressing a reasonable preference.
Michigan statute dictates that the court will consider the child's preference when the child is deemed to be of sufficient age to express preference. The law, however, refrains from specifying a particular age.
Visitation is a parent's right and cannot be refused by the child or the other parent. It is only once the child reaches age 18 and is no longer legally considered a child that they have the right to refuse visitation.
Michigan law says (MCL 722.31) that a parent who has custody subject to a court order may not move the legal residence of the minor child more than 100 miles or out of state. The custodial parent cannot change that legal residence unless the other parent consents or the custodial parent gets permission from the court.
The Michigan Statute of Frauds, however, requires certain contracts to be in writing in order to be legally enforceable in court.