What Happens When a Teenager Refuses Visitation in New York?

Visitation and custody agreements can become more difficult to manage as your children age. An agreement that worked well for an 8-year-old can become much harder to manage when the child turns 15 or 16 and refuses to spend time with one parent.

The question then becomes, “What does a teenager do in a situation where they refuse court-mandated visitation?” This is a complex question with different answers depending on the situation.

Does a teenager get to decide whether they see their parent?

The New York courts base custody and visitation agreements on the best interests of the child. One criterion the judge may consider is the child’s preference, depending on the child’s age and maturity.

As a consequence of this, the preferences of a mature 16- or 17-year-old child can be considered substantially more than the preferences of a child who is considerably younger. For instance, in a New York 2026 case involving a 17-year-old, the child’s preference was given considerable weight because of the teenager’s age and maturity.

On the other hand, a child does not have a right to simply ignore the custody agreement. A 2026 case showed how a teenager’s preferences are relevant, but not automatic.

Is the custodial parent responsible for the child’s refusal?

This can be one of the most important factors in a visitation case.

There is a clear distinction between a teenager refusing to visit on their own and a parent instigating the refusal. New York courts evaluate how willing both parents are to encourage the child’s relationship with the other parent when deciding what is best for the child.

A parent therefore cannot assume that saying “My teenager doesn’t want to go” is enough to discharge the parent of his duties under the custody order.

A parent who interferes with the other parent’s court-ordered parenting time could result in severe consequences. One can file an enforcement petition based on a violation, and the court can modify the current order or sanction the parent following the hearing.

The court may also look into whether the refusal was a consequence of parental alienation. As held in the case of Matter of Werner v. Kenney, the Fourth Department ruled that there was sufficient proof of the mother’s efforts to alienate the child from the father and that her wishes should accordingly be given less weight.

Can the custody order be changed?

An adolescent’s continued unwillingness to follow an established visitation schedule can indicate that the arrangement no longer works well.

Either parent can file a motion with the court to change a custody or visitation order. In that case, the person requesting the modification usually must prove a significant change in circumstances has occurred, and the judge decides whether the change will be in the child’s best interest.

Thus, people should seek modification of an existing order instead of ignoring it.

Talk to a Rockland County, NY, Child Custody Lawyer Today

Need to revisit or draft a child custody arrangement? The Rockland County, NY family lawyers at The Law Office of Robert S. Sunshine can help. Call our Rockland County family lawyers today to schedule an appointment, and we can begin preparing your case right away.