No. There is no age at which a child can refuse visitation in Wisconsin. A child’s wishes are one factor a judge weighs in setting custody and placement, but the court order controls until a judge changes it. A parent who unreasonably keeps a child from court-ordered placement can face enforcement by the court.
Wisconsin law sets no age at which a child can refuse visitation. Under Wis. Stat. § 767.41, the court considers the child’s wishes, shared by the child or through the guardian ad litem or another professional, along with the child’s age, needs, and each parent’s support for the child’s relationship with the other parent. See at what age a child can decide custody in Wisconsin.
A child is entitled to time with both parents unless a court finds that placement with a parent would put the child at risk. A child’s refusal does not change the schedule by itself. Parents can informally agree to adjust it, but only the court can modify the order. The guardian ad litem tells the court the child’s wishes unless the child asks otherwise.
If placement is intentionally and unreasonably denied, the other parent can ask the court to enforce the order. Remedies can include make-up time, payment of the other parent’s costs and attorney fees, a contempt finding, or an injunction. See denying visitation in Wisconsin.
If your child resists going, keep following the schedule, support the visit, and write down what happens at each exchange. If the resistance points to a safety or other serious problem, file a motion to modify placement instead of changing the schedule on your own. Our Wisconsin child custody guide explains custody and placement rules.
Renier Hotopp Law Offices represents parents in Wisconsin child custody cases where a child resists placement, including disputes over at what age a child can refuse visitation in Wisconsin. Read more about the firm.
