If Your Child Does Not Want to Stay at the Other Parent’s Home? – Find Out Why!!!!

Nov 13, 2025

Kevin J. Waite often gets calls from divorced parents asking at what age their children can decide at which parent’s home they can reside. A facetious answer is “at age 18.” And also if the child can refuse to go to the other parent’s home for court ordered visitation. The easy quick answer is “No.” A minor child cannot decide which parent’s home he or she lives at nor can he decide not to go to the other parent’s home for his court ordered visitation days or times.

If this situation arises in your home the important thing to do is to ask your child why he or she does not want to be at the other parent’s home and then try and productively work at solving what the child’s problem is.

Sometimes it can be a very simply resolved issue as the child doesn’t like the food there but is afraid to say anything. Sometimes it is more complex. For example, maybe the child has to share a bedroom with a child of the step-parent and there is no other spare room. This might take some family meetings or counseling.

But it also can be a situation that needs to go to court, for instance if the custodial parent or that parent’s new spouse or S.O. is drinking heavily at the times the child is there and the child is afraid.

So, in summation, find out “Why” the child does not want to go to the other parent’s home and then you can better analyze possible remedies.

Disclaimer: This blog is intended as general information and not as legal advice. Situations are different and may call for different remedies. To deal with a specific situation and make appropriate arrangements for representation and advice, call Kevin J. Waite or another attorney of your choice.

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