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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I GOT CUSTODY OF MY DAUGHTER LAST OCTOBER. HER MOTHER DID

Resolved Question:

I GOT CUSTODY OF MY DAUGHTER LAST OCTOBER. HER MOTHER DID NOT SHOW UP FOR THE CUSTODY HEARING, AND SHE HAS NOT SEEN HER SINCE LAST JULY. SHE DOES CALL HER EVERY MONDAY AND THURSDAY. WHEN I GOT CUSTODY, HER MATERNAL GRANDPARENTS THOUGHT SHE SHOULD HAVE COUNSELIN, BUT I FELT SHE WAS DOING OKAY. SHE IS A GOOD STUDENT AND GETS ALONG WELL WITH OTHER CHILDREN. I HAVE LET HER SEE HER MATERNAL GRANDPARENTS ON THE WEEKENDS THAT NORMALLY WOULD BE HER MOTHERS AND AT OTHER TIMES. I AM CURRENTLY GOING THROUGH A DIVORCE AND I HAVE BEEN TALKING TO ANOTHER WOMAN. WHEN THE MATERNAL GRANDPARENTS FOUND OUT, THEY SAID IT WAS SERIOUS AND WANTED TO TALK. THEY ARE THREATENING TO TAKE ME TO COURT TO GET CUSTODY OF MY DAUGHTER. THERE HAS BEEN A LOT OF ARGUING GOING ON WITH THE DIVORCE, AND MY DAUGHTER HAS MEET THE OTHER WOMAN. CAN THEY GET CUSTODY BECAUSE OF THIS. THE GRANDMOTHER SAID THAT MY DAUGHTER LIES AND THAT THEY HAVE GVEN ME 13 MONTHS TO GET HER HELP. I DIDNT KNOW THAT I NEEDED TO.
Submitted: 6 years ago.
Category: Family Law
Expert:  Tina replied 6 years ago.
Chat Conversation Started
Tina :

Thank you for contacting JA. Is there a court order requiring that you retain a therapist for your daughter? Do the grandparents have court ordered visitation rights?

Customer:

no,there is not acourt order for a therapist and there is no court ordered visitation. my daughter is 6

Customer:

are you still here

Tina :

I'm here and working on your question.

Tina :

Since you are the custodial parent, it is up to you whether or not to take your daughter to a therapist. The grandparents could file a petition to try to force you to retain a counselor, but the court would only grant it if it is in the best interests of the child. They must prove that she needs therapy in order to obtain such an order. Otherwise, it is up to you.

Tina :

 


Please let me know if you need clarification.

Best regards XXXXX XXXXX

Tina

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Customer:

can they still get custody of her because of this and because i am going through a divorce and am seeing another woman that she has meet

Tina :

No. These facts would not be enough to remove her from your custody unless it is clear that she needs counseling and you refuse to hire a therapist for her.

Tina and other Family Law Specialists are ready to help you