Can a 16-Year-Old Refuse Visitation with a Parent? Understanding the Law and Reality

One of the most common questions in Florida family law is whether a teenager—especially one who is 16 or 17 years old—can refuse to visit a parent they don't want to see. Many parents assume that once their child reaches a certain age, they have the right to decide where they want to live or whether they want to follow a court-ordered parenting plan. The reality? Legally, they don't get to make that decision.

However, enforcing time-sharing when a teenager refuses to go is a complicated, messy issue that doesn't always have a clear solution.

The Legal Side: What Florida Law Says

Under Florida law, parenting plans and time-sharing schedules are court orders. That means they are enforceable just like any other court order, regardless of a child's age. Parents are expected to follow the plan, and a child's preference is just one factor among many when determining custody arrangements.

Florida courts consider over 20 factors when modifying a parenting plan, including the child's preference if they are of sufficient age and maturity to express a well-reasoned opinion. But a child's preference alone does not automatically override a court-ordered time-sharing schedule.

The Real-World Problem: What If a Teenager Refuses?

Even though the law says a child must follow the parenting plan, enforcing time-sharing with a teenager is easier said than done. Judges generally expect parents to encourage and facilitate visits, but some judges recognize the practical limitations of forcing an older child into a visit they actively resist.

Here's where things get tricky:

• Some judges say, “What do you expect me to do?” If a 16- or 17-year-old refuses to go, some judges take a hands-off approach, reasoning that it's nearly impossible to physically force a teenager into compliance.

• Other judges hold parents responsible for enforcing the order. In one case, a judge held a father in contempt because his 17-year-old refused to see his mother after they had a fight about car privileges. The judge ruled that the father should have grounded or otherwise disciplined the child to ensure compliance with time-sharing.

This inconsistency makes these cases unpredictable.

How Do You Handle This Situation?

If your teenager is refusing time-sharing, there are a few possible paths forward:

1. Try to Understand the Root of the Issue

Teenagers refusing visitation is often a symptom of a deeper issue. Are they just being stubborn, or is there an underlying estrangement, conflict, or even alienation? A therapist or family counselor might be able to help uncover what's really going on.

2. Consider Reunification Therapy

If a teen's refusal is due to emotional estrangement or resistance to reconnecting with the other parent, reunification therapy may help. However, this process is expensive and can take time—and there are no guarantees of success.

3. Seek Legal Advice

Depending on the circumstances, you may need to file a motion for enforcement or, in some cases, a modification of the parenting plan. This is where consulting an experienced family law attorney is crucial. An attorney can evaluate your case and advise on the best strategy based on your specific judge, your child's reasoning, and the available evidence.

The Bottom Line

A 16-year-old may not have the legal right to refuse visitation, but practically speaking, enforcing a court order with an older teenager is complicated. Some judges expect strict enforcement, while others recognize that at a certain age, forcing visitation may not be realistic.

If you're facing this situation, the best course of action is to explore therapeutic solutions first while also consulting with a family law attorney. Every case is unique, and how a judge will handle the situation depends on the specifics of your case.

At Family Matters Law Group, P.A., we help parents navigate these difficult situations and provide strategic legal guidance to find the best possible resolution. If you need assistance, contact us today for a consultation.

Have you faced this issue? Let us know your thoughts in the comments or share your experience!