After a divorce, a child may want to live with one parent over the other. Sometimes, they may even go so far as not wanting to see one of their parents anymore. But at what age can a child make that decision in Michigan?
To determine whether a child can refuse court-mandated visitation, we need to examine what the courts consider in child custody cases, such as the child’s best interests, reasonable preference, and legal status.
The Best Interests of the Child
Section 722.23 of the Michigan Compiled Laws defines what the court means regarding the “best interests of the child.” This definition includes:
- The love and affection between the parent and the child
- The ability of the parent to provide food, clothing, and medical care to the child
- The length of time the child has lived in a particular environment
- The moral fitness of the parent
- The mental and physical fitness of the parent
- The reasonable preference of the child
- Domestic violence directed against or witnessed by the child
Of these items, the reasonable preference of the child stands out. Does that mean the child can choose which parent to live with and whether or not to see their other parent at all?
The Reasonable Preference of the Child
Unfortunately for some children, “The reasonable preference of the child” doesn’t mean they get to choose which parent they live with or how much they see their other parent. It’s up to the judge to determine what a “reasonable” preference is. And it’s also up to the judge to determine if the child is old enough to make that choice.
Typically, the younger a child is, the less their preference matters. This is because they usually don’t fully understand the situation and are more susceptible to coaching from a parent who hopes to affect the outcome.
Once a child is a teenager, their preference tends to carry a bit more weight. But even at this age, they still don’t have the authority to refuse to see a parent.
At What Age Can a Child Refuse to See a Parent?
According to Page 5 of the Michigan Custody Guideline, a child cannot legally choose which parent they live with until they’re 18 years old or have been emancipated by the courts. This means that even a 17-year-old may have to spend time with a parent they don’t primarily live with and don’t want to see if doing so is court-mandated.
Minor children who want to make this determination for themselves will either have to make a case to the judge overseeing their custody as to why they don’t want to see one of their parents or go through the emancipation process, which removes a child under the age of 18 from parental supervision.
Family & Divorce Lawyers Serving Michigan
Does your child not want to see their other parent? Are you worried that the courts aren’t considering their preference and best interests? Contact the Smith Law Offices, P.C., for a consultation with one of our experienced family law attorneys.
