There really is no age where a child has a "right" to refuse to go to a non-custodial parent's home in Kansas. The relevant issue is what action the Court might take. When a custody case is started, the Court retains jurisdiction over the child until he or she is 18, or otherwise emancipated. So, the non-custodial parent can always motion the Court to enforce whatever parenting time is in the decree.
However, in practice, the Court will certainly consider the child's wishes. Many judges feel that once a child reaches a particular age, it becomes nearly impossible to "force" them to spend time with a particular parent. This becomes most important when a child becomes licensed to drive, and can simply leave the home as he or she wishes.
If a parent is insisting on time, and the child refuses to go, it may be time to consider modifying the orders. Additionally, you have to ask what actions the Court may take to enforce the parenting plan. If the custodial parent is cooperative and not encouraging the child to limit communication or contact with the non-custodial parent, then the Court will often leave it up to the child to determine.
It's also important to note, however, that the Court believes that every child benefits from having a relationship with both parents. As one Judge famously said, "Even when Dad's a bastard, the child needs to figure that out on their own." It might be beneficial to ask the parties to enter, (or ask the Court to order), some type of therapy for the child and the non-custodial parent. This doesn't need to be therapy with an agenda of improving the relationship. It may be therapy to allow the child and parent to communicate effectively, and for the child to tell the parent why they feel the way they do.
When a child doesn't want to spend time with a parent, it may be indicative of a larger, underlying problem. So, it's important for the child to work through those issues, and doing so with that parent in the room, where the child is encouraged to speak freely, can be very helpful.
Hope this helps.
This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your situation, please consult an attorney. The answering of this question does not create an attorney/client relationship, and the poster should seek additional information from qualified legal counsel. Many attorneys, like ours, offer no-cost consultations.
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