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The child cannot opt out in most jurisdictions until they reach  eighteen years of age. If the non-custodial parent has court  ordered visitation and the child does not go fâ¦or those visits, then  the custodial parent can be held in contempt of court. If there is  a legitimate reason why the child does not want to go, then you  need to petition the court to change the visitation order.
The court will not. prevent a parent from seeing a child just because the parent has not made support. payments. MYTH: If the child is living with the mother, and the mother and father have never been. married, the mother has legal custody of the child and the father cannot take the. child. REALITY: Without a court order for custody, each parent has an equal right to have the child. live with her/him and to make decisions about the child.