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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I have joint custody of my 15 year old daughter. My daughter

Customer Question

I have joint custody of my 15 year old daughter. My daughter doesn't want to go to my ex-wife's house anymore. She says she is verbally abused and a bit more, she gets anxiety the night before she goes over there. My ex is stubborn and won't let me keep her for a while. What can I do?
Submitted: 9 months ago.
Category: Family Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for your question. I look forward to assisting you.

It's a tough situation for you to be in. Children are not in charge of deciding whether or not they go to visitation, as they are minors. And, if you don't send the child to visitation, you risk being held in contempt of court for violating a court order, which can result in sanctions ranging from loss of visitation, to fines, to even jail time for repeated violations. And, there is no definitive answer to how a court will handle this situation -some courts say a child must absolutely go on visitation, while others don't press the issue, especially with an older child.

My recommendation is that if you absolutely cannot get your daughter to go on visitation, or you feel there is a good reason not to allow the visitation because of the abuse and other factors, file a motion with the court to modify the visitation order. At least then you may keep yourself out of trouble if you don't send your daughter. And, at 15, the court may even let your daughter be heard on why she doesn't want to go to visitation anymore. While her choice isn't binding, judges do consider the wishes of an older, more mature child when rendering a decision.

If you need clarification or additional information, please reply, and I'm happy to assist you further. Thank you.

Expert:  RobertJDFL replied 9 months ago.

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Thank you!

Expert:  RobertJDFL replied 9 months ago.

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