In Wisconsin, the legal age of consent is 18 years old. If a child is under 18 and is not legally emancipated, the child cannot refuse visitation or child custody terms set forth by the court. In addition, the child cannot decide which parent to live with and does not have the right to refuse court-ordered visitation rights.
In Wisconsin courts, judges don’t have to allow a child to testify in court if they can retrieve the information from other sources. Judges do not like to place children in difficult positions, such as choosing between parents. Often, a guardian ad litem will be the one to share the child’s requests. The court will take the wishes of the minor child into consideration, but ultimately, decisions around placement will be made based on the best interest of the child. This sometimes conflicts with the wishes of the child.
More significant weight is given to the child’s wishes as the child nears the age of consent, specifically at ages 14 to 17. However, even in this age range, the court will consider the child’s reasons and ensure those reasons are substantial, and not superficial (such as one parent offering more expensive gifts, less discipline, etc).
It is the custodial parent’s responsibility to ensure that the court-ordered placement schedule is followed. If the child is older, and you feel you cannot force the child to comply with the court-ordered visitation schedule, make sure to document all attempts to have the child follow the placement schedule. A family law attorney may be able to help you create a plan for achieving compliance with the court order or to modify the placement order based on the circumstances of your case.
It is important to talk openly with your child to understand their reasons for refusing visitation. Try to address any concerns or conflicts they may have and find ways to address them, if possible.
Consider engaging in mediation to facilitate communication and problem-solving between you, the other parent and the child. A trained mediator can help facilitate constructive dialogue and find a solution that is in the best interests of the child.
If the child’s refusal persists, it may be beneficial to involve a mental health professional. A counselor or therapist experienced in working with children can help explore the underlying reasons for the refusal and provide guidance on how to address the situation.
If the child’s refusal is ongoing and cannot be resolved through communication, mediation or counseling, you may need to consider seeking a modification of the visitation agreement. Consult with a family law attorney to understand the legal process involved in modifying the agreement and the factors the court will consider.
In extreme cases where the child’s refusal continues despite attempts to resolve the situation, it may be necessary to seek court intervention. A family court can evaluate the circumstances, consider the child’s best interests, and make a determination regarding visitation, potentially including changes to the existing visitation arrangement.
Often the parents will craft their own placement schedules. If the parents agree to a placement schedule, the court will review and often approve the schedule. If the parents do not agree, the court will craft a placement schedule in the best interest of the child.
If both parties agree on a modification to the placement schedule, the parties can file a stipulation with the court, stating the details of the desired modification. Generally, the court will approve such a stipulation, unless the court finds that the proposed modification is not in the best interest of the child.
If you cannot agree with the other party on a modification to the placement schedule, you may ask the court for a placement modification. However, you must now show both (1) that the modification is in the best interest of the child and (2) that there has been a substantial change of circumstances since the most recent placement order. If it has been less than two years since the most recent placement order, you will additionally need to show that the current arrangement is physically or emotionally harmful to the child.
