Anytime children refuse to participate in a planned visit with their other parent, you should: There are people that mistakenly assume that when a child is 12 years old, the child can choose which parent to stay with after a divorce. Children are emancipated automatically at the age of majority, but procedures exist in each state to allow children to receive a court order that will emancipate a child before he reaches majority. Kids and Visitation Refusal . Whether you’ve divorced or you’re legally separated, if you’re a parent you need a custody order.Parents can work out their own arrangements regarding custody and visitation with a judge’s approval. A child cannot unilaterally opt out of a parent's court-ordered possession, regardless of age. Since emancipation makes the child a legal adult, an emancipated minor can refuse contact with his divorced parents. The truth is that in Texas, a child cannot decide which parent shall have custody. More. Let's face it: No one can (or should) force children to visit with their parent if they don't want to. Sponsored Listings. Visitation Basics. It is ultimately harmful to the children. If parents aren’t able to agree, a judge will make a visitation and custody order based on the child’s best interests.. For more information, contact the best Austin Divorce attorney…The word custody is often used to refer to the control and responsibility for a minor child, and applies in situations where the parents are not living together. 3 attorney answers. In other words, get the child on the porch and if they refuse to go, so be it. Ask a lawyer - it's free! I have heard that the law that states at age 12 a child can choose if they want to go visit the non-custodial parent does not exist any mor … read more Can a 12 year old in Texas refuse to visit non custodial parent on their designated weekends and holidays? However, parents must not engage in alienation of the children against the other parent. Is there any circumstances that she can get out of this and refuse to go? This is an urban myth that must be debunked. What usually happens is that a child that is age 12 and above is given a chance to have a say in where they will live. I reside in Texas and we have an expanded visitation set up. My 12 year old daughter is very distraught and miserable when visiting her father on his weekends and holidays. Texas Non-Custodial Parents Rights. But, since she is over 12, your daughter is old enough that she can express her preferences to a judge and, if the judge thinks its in the child's best interest to do so, he or she can modify the order. However, there can be legal ramifications in cooperating with a child's visitation refusal. Texas law is interpreted to require that the parent in possession of the child encourage the visitation and “tender” the child. Cynthia Russell Henley.