Press release
How Manhattan Family Law Attorney Richard Roman Shum Helps Parents Navigate Child Visitation Refusals
Navigating child visitation disputes can be one of the most emotionally difficult aspects of family law. In a recent article published by the Law Office of Richard Roman Shum, Esq, Manhattan family law attorney Richard Roman Shum (https://www.romanshum.com/at-what-age-can-a-child-refuse-to-see-a-parent/) provides practical insight into one of the most commonly asked questions by divorced or separated parents: At what age can a child refuse to see a parent?This topic frequently arises during custody disputes and visitation schedule enforcement. Manhattan family law attorney Richard Roman Shum highlights that, in New York, there is no specific legal age at which a child may unilaterally refuse to participate in court-ordered visitation. Instead, courts weigh a variety of factors-including the child's age, maturity level, and emotional well-being-to determine whether the refusal is legitimate or influenced by external pressures. "The courts ultimately weigh these preferences alongside other factors to determine what serves the child's best interests," Shum notes in the article.
As a Manhattan family law attorney, Shum outlines how courts assess visitation refusals by first identifying the core principle: the best interests of the child. Whether the child's preference stems from fear, parental alienation, or discomfort related to changes in their home life, the court will carefully examine the circumstances. Richard Roman Shum explains that visitation is generally granted to the noncustodial parent unless evidence suggests it may be harmful to the child. The court may also appoint an Attorney for the Child (AFC), whose role is to represent the child's voice and ensure their perspective is considered when evaluating the need for visitation adjustments.
Richard Roman Shum also outlines key reasons why children may resist visiting a parent, emphasizing that each situation requires thoughtful review. Emotional distress, changes in routine, and negative experiences with the noncustodial parent are all important elements that can influence a child's behavior. According to Shum, understanding the root cause of the refusal helps the court, parents, and legal professionals respond in ways that prioritize a child's emotional health without compromising parental rights.
In the article, Shum states: "The refusal of visitation is not taken lightly, as it directly affects the parent-child relationship and the stability of custody arrangements." This statement underscores the seriousness with which the court views these situations and the importance of timely legal intervention to ensure compliance with existing orders or to request appropriate modifications.
Beyond identifying causes of refusal, Richard Roman Shum discusses legal consequences that can arise when children or custodial parents fail to follow visitation schedules. Courts may interpret a parent's failure to encourage visitation as interference, potentially resulting in contempt charges or custody modifications. However, if the child's refusal is rooted in legitimate safety or emotional concerns, the custodial parent must take legal steps to address the issue, such as filing a motion for visitation modification.
For families in Manhattan dealing with this issue, the Law Office of Richard Roman Shum, Esq provides guidance that goes beyond legal paperwork. Shum encourages parents to approach the situation with empathy and communication. He recommends open dialogue with children to understand their concerns and working collaboratively with the other parent whenever possible. When necessary, professional counseling and mediation can support both the child's needs and the legal framework that governs visitation.
To assist families in resolving visitation refusals constructively, Richard Roman Shum urges custodial and noncustodial parents alike to consider the long-term emotional impact on the child. Whether the resistance is due to developmental stages or more serious concerns like abuse or alienation, the ultimate goal should remain the same: fostering a healthy, balanced relationship with both parents whenever possible.
Families confronting visitation issues in Manhattan can benefit from the experienced legal guidance offered by the Law Office of Richard Roman Shum, Esq. Richard Roman Shum works closely with clients to understand the details of their situation and develop a strategy that aligns with both legal obligations and the child's best interests. His goal is to protect family connections while ensuring that any changes in visitation reflect a clear understanding of the child's well-being.
Parents seeking resolution to visitation conflicts should not wait for problems to escalate. Addressing concerns through legal channels can prevent misunderstandings and ensure that all parties remain in compliance with court orders. Proactive steps like mediation, counseling, or filing motions for modification are all pathways to resolving these disputes with the child's welfare at the center.
About the Law Office of Richard Roman Shum, Esq:
The Law Office of Richard Roman Shum, Esq serves families across Manhattan with a focus on family law matters including divorce, child custody, and visitation disputes. Led by Richard Roman Shum, a seasoned Manhattan family law attorney, the practice is committed to helping clients navigate sensitive legal issues with clarity and compassion. With a practical approach to resolving conflict, the firm supports parents in protecting both their rights and their children's well-being.
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