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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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If my daughter does not want to go with her father, do I have

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If my daughter does not want to go with her father, do I have to ground her for the entire weekend or just enforce one consequence?

Thank you for your question.

There is no requirement that you must punish your daughter at all. Your daughter may have good cause not to want to visit her father. If so, you may file for modification of the parenting plan
Customer: replied 6 years ago.

My husband's attny told us that I should enforce a consequence as a CYA measure if we were to go to court, which seems almost inevitable.

How old is your daughter and why doesn't she want to visit her father
Customer: replied 6 years ago.
She is 10 yrs old. She has made claims of excessive yelling, even being obnoxious while drinking, and he embarrasses her in public. She discussed it with him face to face yesterday. But of course, he denied all her accusations, called her a liar, and laughed in her face.

Consider not punishing her and instead filing a petition for modification to the parenting plan.

A court will typically weigh the opinion of the child when the child is able to clearly and maturely articulate his reasons for requesting a change usually about age 10.

Age is not the only factor that is considered by the court. Typically, the court will take into consideration the maturity of the child and the child's reasons for requesting the change.

Your daughter has clearly articulated that her father has drank to excess in her presence and embarrasses her in public. When he was confronted with her concerns, he laughed in the face of a 10-year-old child and called her a liar. That seems to prove her point
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