Press release
New York City Child Custody and Visitation Lawyer Juan Luciano Issues Guidance on Child Refusal and Court-Ordered Parenting Time
New York, NY - Juan Luciano, principal of Juan Luciano Divorce Lawyer (https://divorcelawfirmnyc.com/at-what-age-can-a-child-refuse-to-see-a-parent/), has released comprehensive guidance addressing when a child may resist or refuse court-ordered parenting time in New York and how courts respond to such situations. As a New York City child custody and visitation lawyer, Mr. Luciano outlines how the best interests standard, judicial interviews, and evidence-driven inquiries shape outcomes while court orders remain in effect until age 18.New York courts do not set a fixed age at which a child may unilaterally refuse visitation. Judges weigh a mature adolescent's well-reasoned preferences alongside many factors, including safety, stability, and each parent's capacity to meet the child's needs. In-camera Lincoln interviews allow the court to hear a child's views privately and reduce outside pressure. This practical overview from a New York City child custody and visitation lawyer clarifies why preferences alone do not override existing orders and how the legal process evaluates concerns ranging from household conditions to the quality of parent-child relationships.
The guidance also explains that New York has no standalone emancipation statute, and findings of emancipation typically arise in other contexts, most often child support. Absent emancipation, court-ordered visitation remains binding despite resistance, and modification requires a persuasive showing tied to the child's welfare. Where appropriate, courts may order supervised or therapeutic visitation, temporarily limit contact, or adjust schedules to address substantiated risks. Throughout, the analysis emphasizes the role a New York City child custody and visitation lawyer plays in presenting evidence, documenting compliance efforts, and crafting remedies that protect a child while preserving meaningful parental bonds.
Enforcement issues become more challenging with teenagers, whose growing independence, academic schedules, and social commitments can complicate compliance. The release outlines practical realities: custodial parents must make reasonable efforts to facilitate visits, non-custodial parents must reliably appear for scheduled time, and either party's willful non-compliance can trigger enforcement petitions, hearings, and potential sanctions, including findings of contempt. The framework highlights how courts distinguish between safety-driven refusals and resistance rooted in interpersonal conflict or parental influence, with tailored responses aimed at rebuilding trust and consistency.
About Juan Luciano Divorce Lawyer:
Juan Luciano Divorce Lawyer is a New York City family law firm representing parents and families in matters involving child custody and visitation, divorce, child support, and orders of protection. The firm serves clients from offices in Midtown Manhattan and the Bronx and provides Spanish-language representation. Led by attorney Juan Luciano, the practice delivers strategic counsel and courtroom advocacy grounded in New York family law. For more information or to request a confidential consultation, contact (212) 537-5859 or visit the firm's website.
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