When Love Gets Complicated by Custody
Let’s be honest—divorce is tough enough. But when your child doesn’t want to come with you during your court-ordered time, it hits differently. It’s not just about the legal process anymore. It’s about your heart.
This isn’t uncommon. We’ve seen it happen even with loving, responsible, and financially stable parents. If you’re in this situation, take a deep breath. Here’s what you need to know.
1. The Child’s Preference Isn’t the Final Word
In Georgia, the court does allow children over 14 to have input in custody decisions—but even then, it’s not absolute. A judge can override their wishes if it’s not in their best interest. For younger children, preferences may be considered, but only as one part of a larger picture.
So while your child’s feelings matter, they don’t solely decide the outcome.
2. It Might Be a Phase—Or Something Deeper
Children process divorce in different ways. Sometimes they’re influenced by what the other parent says. Other times, they’re just struggling with change. It doesn’t necessarily mean you’re doing something wrong.
Still, it’s worth exploring their feelings. Family counseling or co-parenting therapy can help get to the root of the issue without jumping to conclusions.
3. You Still Have Rights
Even if your child resists visitation, you still have court-ordered custody or visitation rights unless a judge says otherwise. If you give up your time now, it could be used against you later.
Instead of avoiding the situation, document it. Let your attorney know what’s happening and keep records—texts, missed handoffs, anything that shows you’re trying.
4. Avoid Confrontation—Even When It’s Hard
Don’t force the child into the car. Don’t argue with your ex in front of them. The best approach is calm persistence. If necessary, request a court modification or reunification therapy through the legal process.
You want to be seen as the parent who’s stable, respectful, and committed to your child’s well-being.
5. Judges Care About Stability, Not Just Sentiment
Your financial stability, parenting consistency, and willingness to foster a healthy co-parenting environment are key. If you’re the parent providing structure, support, and love—you have every reason to advocate for your time.
A refusal from a child doesn’t negate your value.
Don’t Face This Alone
If you’re going through this, don’t assume the system is stacked against you. You have options, and you’re not the first parent to feel heartbroken in this way.
📞 Contact our office to speak with an attorney who understands both the legal side—and the emotional toll—of custody challenges.
Struggling with custody issues? We’ll help you protect your time with your child—legally and compassionately. Contact us today.