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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Hi, Iasked before regarding 15 yrs. old daughter. I asked

Customer Question

Hi, Iasked before regarding 15 yrs. old daughter. I asked x to come mediation( confidencial)asking him to bring back her. He protend he's helping bad relation ship between my daughter and me. But really bad relationship is caused by his showring material things, money and un-supervised life style. She now don't want to come back, if her choice is safe and healthy, I'd let her because now it is very hard me to convince her to be back. I wanted avoid going to court fighting against her will.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
DearCustomer- We are not permitted to represent clients from this website but you can contact your local Bar Association and obtain a referral from them to a local attorney. If you have visitation or custodial rights from the court then you have a right to see your child whether your child likes it or not. Children do not dictate how the custody and visitation are set up by the court. So if the father is refusing to allow you to contact your child you need to file a motion for contempt against him with the court that issued your custody and visitation order.
Customer: replied 5 years ago.
Thank you, XXXXX XXXXX is back she said, "just for this weekend!". I am about go to hire the lawyer if she goes back to father or friend's house, but I ask your pinion if I get back my daughter, if go to court. Giving condition; * ex live out side of city, takes com. bus foe 1.5 hours.*she goes to nay public spool.* she is full time ballet student, ballet school ends,8pm. or 7;45.* not enough sleep.*not good health buying foods all the time.* ex, did not tell me where she was for 3-4 weeks.* we have joint custody and she lived with me until now.* father and my daughter want arrange her to stay, my house for every other week end, friend's house every other weekend, rest for him. I totally against it, she will be sick and fell for both school and ballet. Would you give me your opinion. Thank you.
Expert:  Dave Kennett replied 5 years ago.

My opinion is that a court will listen to your daughter's wishes but will not approve any order that she stay at a friends house unless both parents agree. This seems to be a case of a child trying to control the situation rather than her parents and that her father is enabling all of this. I can't solve a problem like this since managing a teenager is not one of my specialties but legally you need to make your case for more stability in your child's life. She needs to live in one place and visit the other on a regular basis and not be moving around when she feels like it. I believe most courts would agree with that premise.

So you need to tell your side of the story and make a case for her to live with you but if she is adamant that she wants to live with her father then it is likely the court will approve but not to live at a friend's house.

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