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Roger, Attorney
Category: Family Law
Satisfied Customers: 30913
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My ex and I have been divorced since 1998. We divorced when

Customer Question

My ex and I have been divorced since 1998. We divorced when my daughter was 2, she is now 13 and DOES NOT want to go to her dads for weekend visitation or summer visitation anymore. He is very controlling and mean so I dont blame her. I had to divorce him because it turned to mental/physial abuse and her going there worries me, for her safety, etc. What can we do? Where do we start?
Submitted: 7 years ago.
Category: Family Law
Expert:  Roger replied 7 years ago.

You will have to file a motion to modify/cancel his visitation rights based on the fact that you and your daughter fear being harmed if left alone with him.


The court will consider the wants of the child, together with other factors such as any history of abuse, threats, etc. It may be that the court allows visitation, but limits it to supervised, etc.

Customer: replied 7 years ago.
Do we file that motion in the county that we reside in now or the county where the divoce decree was entered?
Expert:  Roger replied 7 years ago.
You would file in the county of residence of you and the child.

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