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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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My divorce was done online, without my having consult of a

Resolved Question:

My divorce was done online, without my having consult of a lawyer. My final divorce decree does not give specific days and times of visitation for my ex-husband with our 11yr old daughter ( besides the division of holidays). My daughter had gone through counseling and is now back in because she is markedly depressed, tells me she hates her dad & wants to kill herself. Can I modify the visitation to where there is no overnight visits ( he lives 15 min away)? Will a judge listen to my child or her councelor's recommendation? He is a bit controlling and I am still afraid to "rock the boat" with him. My child support & spousal support does not come through the court and, as usual, he is not paying me because she refused to go with him this weekend. This makes it very hard to get the help my child needs when I can't rely on when I'll have money. Please help me know what I can do.
Submitted: 5 years ago.
Category: Family Law
Expert:  John Domestic replied 5 years ago.

Thank you for asking Just Answer,

You can file a motion for modification of custody and the judge will make the decision based on the "best interest of the child." Your 11 year old daughter may be allowed to speak to the judge but will not have the final say in the custody decision. The therapist will likely hold a lot of weight in the judge's decision. Denying him visitation when you have previously agreed to visitation without asking the judge for a change will work against you in the judge's decision. A judge will not like the fact that you have unilaterally altered custody without getting court approval.

As far as spousal support and child support if you have an agreement where he is supposed to pay. Both supports are separate from custody and viewed by the court as separate. Your failure to allow visitation does not excuse him from paying either support payment. You can ask him to be held in contempt if your agreement is part if a court order or sue him from breach of contract if your support agreement is in a separate contract. Child support enforcement can help you with the child support.

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