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Hi my name is ***** ***** i would be glad to help you with your question. Are you wondering how you can terminate her dad's visitation rights?
what state are you located in?
i am sorry to hear that. If you give me a moment i will have your answer for you!
i would first recommend finding a local attorney because this process can be a bit drawn out and hairy.
In cases where the parents do not agree on the need to modify the order, the modification process is lengthier, as both parents need to go in front of a judge to modify the order. Under the law, the parent that wishes to modify the order must demonstrate that:
• The child is 12 years old and wishes to change the primary caregiver; or
• There has been a change in circumstances that is material and substantial; and
• The proposed changes to the order would serve the child's best interests.
The modification process begins with a Petition to Modify the Parent-Child Relationship. A parent, or other person affected by the current order, can file the petition. The person filing the petition is the Petitioner. The other parties are the Respondents.
When you disagree, your case is contested. Contested modifications can be very complicated. It’s a good idea to find a lawyer to help you. If you’re asking the court to change your child support order, you may find help at the Attorney General’s Office. Legal Aid organizations may be able to help with other changes.
In contested modification of custody or visitation cases, you must convince the court that: 1. the changes you want are best for the child, AND 2. circumstances have materially and substantially changed, OR the child is at least 12-years-old and has told the judge (in the judge’s chambers), who s/he wants to live with, OR the Home-Parent has allowed some one else to have primary custody of the child for at least 6 months.
In all cases, the court will not modify the custody order unless the changes reflect the best interests of the child. In determining whether the proposed order meets this standard, courts consider many factors such as the child's needs, wishes (if he or she is old enough to express them) and relationship to each parent.
Sorry for the information overload just wanted to be thorough with my answer! Because your daughter is over 12 the judge woudl definitely listen to her and would allow her to change the visitation rights. especially because the situation and how he treats her, what he says to her, and the dangerous living environment.
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It is not illegal for her to possess the handgun as long as he is supervising.
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