International parental kidnapping can leave a left-behind parent devastated and bereft of resources when it comes to recovering their child. According to the National Center for Missing and Exploited Children, around 200,000 of the 260,000 children taken are abducted by a parent every year and taken out of the country. That’s more than 547 per day. And while some of those children are eventually returned to their homes, others are never seen again.
If you’re a parent who has had their child kidnapped by the other parent, you know how helpless and alone you can feel. But there is help available. And one of the first steps is understanding what your legal options are.
Once you do, it is important to seek out help from an organization like The Committee for Missing Children. We have in-house attorneys who can help you through the process of getting your child back in cases of an international parental kidnapping.
New York Child Custody Basics
There are a few terms you should familiarize yourself with before we go any further. These will come up often as you begin to explore your legal options.
- Physical custody: This type of custody gives a parent the right to have their child live with them.
- Legal custody: The parent with legal custody has the right to make decisions about their child’s education, healthcare, and general welfare.
- Joint custody: Parents with joint custody both have a say in making decisions about their child’s life. They also typically share physical custody.
- Pendente lite, or temporary custody: This is the custody arrangement that is in place until a final custody order is issued by the court.
At What Age Can a Child Refuse Visitation in NY?
The answer to this question may depend on the particular facts and circumstances of your case. But in general, a child can only refuse visitation if they are of legal age to do so.
In New York, the legal age of majority is 18 years old. This means that until a child reaches 18 years old, they are not legally allowed to make decisions about their own life, including who they want to spend time with.
At 18 years old, a child is considered an adult in the eyes of the law and can make their own decisions about visitation.
So, if your child has been abducted by the other parent and taken out of state, you will need to work with the authorities to have them returned. This is true even if your child is 16 or 17 years old.
However, there are some exceptions to this rule. If your child is married, they are considered an adult and can refuse visitation.
Additionally, if your child is 16 or 17 years old and is pregnant or has a child of their own, they are also considered an adult and can make their own decisions about visitation.
Other than these exceptions, a child under the age of 18 cannot refuse visitation with a parent in most cases.
Is Your Child Refusing to Comply with Court-Ordered Visitation?
If you have a court-ordered visitation schedule in place and your child is refusing to comply, you may be wondering what your next steps should be. If you are the victim of international parental kidnapping, you need help to assert your rights and gain access to your child.
The first thing you should do is talk to your attorney. They will be able to advise you on the best course of action to take given your particular situation. It is also important to remember that you should never try to force your child to visit with you if they don’t want to. This could result in further estrangement and make it even more difficult to have a relationship with your child.
You can file a contempt of court action against the custodial parent if they are preventing you from seeing your child. This is typically done by filing a petition with the court. A hearing will then be scheduled, and if the court finds that the custodial parent is in contempt, they may order them to pay a fine, go to jail, or both.
Additionally, the court may modify the visitation schedule to make it easier for you to see your child. You should always speak with an attorney before taking any legal action. They can help you understand the best course of action to take in your particular case.
What Happens if a Child Refuses Visitation?
If a child refuses visitation, the parent who is attempting to visit can file a petition with the court. The court will then decide whether or not to order visitation. If the court orders visitation, the child must comply with the order, or they may be found in contempt of court.
When Can You Deny Visitation to the Non-Custodial Parent?
There are a few reasons that the custodial parent may want to deny visitation to the non-custodial parent.
Some of these reasons may include:
- Non-custodial parent has not paid child support
- Non-custodial parent has a history of domestic violence
- Non-custodial parent has a substance abuse problem
- Child does not want to visit the non-custodial parent
If you are the custodial parent and you want to deny visitation to the non-custodial parent, you will need to have a valid reason. You will also need to file a motion with the court and have a hearing. At the hearing, the judge will decide if visitation should be denied. If you are denying visitation because of domestic violence, you may also need to have a restraining order against the non-custodial parent.
Can the Non-Custodial Parent Take the Child Without the Custodial Parent’s Permission?
No, the non-custodial parent cannot take the child without the custodial parent’s permission. If the non-custodial parent takes the child without the custodial parent’s permission, they have committed a kidnapping. If the non-custodial parent flees out of the country, it’s considered an international parental kidnapping.
Final Thoughts
To conclude, a child cannot refuse visitation unless they are 18 years old. If a parent is prevented from visiting their child, they may have legal options available to them. It is always best to speak with an attorney before taking any legal action.
