Hoffman, Larin & Agnetti | Over 40 Years Representing Florida Families
When a child refuses to spend time with a parent, it can be one of the most painful and confusing situations a parent faces.
Many parents ask:
“If my child doesn’t want to go, do I still have to force them?”
The answer under Florida law is not always simple—but one thing is clear: a child does not get to unilaterally decide the time-sharing schedule.
Florida Law: The Parenting Plan Still Controls
In Florida, court-ordered parenting plans are legally binding.
That means:
- A parent must follow the time-sharing schedule
- A child’s refusal does not automatically excuse compliance
If time-sharing is not followed, the court may:
- Hold a parent in contempt
- Order make-up time-sharing
- Modify the parenting plan
Why Is the Child Refusing?
Courts look closely at why the child is resisting.
Common reasons include:
- Normal teenage independence
- Loyalty conflicts between parents
- Influence or pressure from the other parent
- Underlying emotional or mental health concerns
- A breakdown in the parent-child relationship
Not all refusals are treated the same—and the reason matters.
What Florida Courts Actually Do in These Cases
Judges are increasingly seeing these situations—especially involving teenagers—and their responses depend on the facts.
Courts may:
- Expect the parent to encourage and enforce time-sharing
- Order family or reunification therapy
- Adjust the parenting plan if circumstances have changed
- Look closely at whether one parent is contributing to the problem
In some cases, repeated refusal combined with other factors can lead to a modification of custody.
What Parents Should (and Should Not) Do
Parents Should:
- Document missed visits and communications
- Continue encouraging the relationship
- Stay calm and consistent
- Seek legal guidance early
But Should Not:
- Blame the child
- Stop following the court order
- Escalate conflict with the other parent
When to Take Legal Action
If this is happening repeatedly, it may be time to:
- Enforce the parenting plan
- Seek a modification
- Address potential parental alienation
The key is to act early, before the situation worsens.
Why Families Turn to Hoffman, Larin & Agnetti
For over 40 years, we’ve helped South Florida parents navigate complex custody disputes with clarity and strategy.
We understand these situations are emotional—but how you respond legally matters.
Call 305-653-5555, Text us at 305-653-1515, Email us at [email protected], or complete this form, and one of our experienced Family Law Attorneys will contact you.
Why Choose HLA? Read what one of our clients had to say:
Gabriela B: “Best family attorney in Miami! 100% recommended! John Agnetti is the GOAT!!! And trust me, I’m extremely picky when it comes to everything. A friend of mine, who went through an extremely complicated and public divorce, recommended him and glad he did because after meeting with some of the “best” attorneys across Miami, John stood out immediately. Different level! He asked the questions no one else asked and understood my case from day one. Hiring him was, without a doubt, one of the best decisions I made during my divorce process. John knows the law inside out. He’s strategic, precise, and always ten steps ahead. He was absolutely impeccable in handling conflict, relentless in protecting my interests, and laser-focused on every single detail. Nothing gets past him! A true shark when it matters, but also incredibly human.
Huge shoutout to Hellen Arellano, the paralegal. She was so efficient, responsive, and an absolute angel throughout the process. And Dan Kent–hawk-eye level attention to detail. Nothing slips by him. This team is elite. They carried me through one of the most vulnerable times of my life with strength, strategy, and care. I’ll forever be grateful, and I’ll recommend them every single time!”
