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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117376
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in Washington State. Last Tuesday, my daughter refused

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I live in Washington State. Last Tuesday, my daughter refused to go to her dads house. I was gone, and he called the police. They told her it would not be good for her if she refused to go! But, they wouldn't even listen to her reasons. The police officer told her she had to write a letter, to the judge.
How do I file her letter, I dion't have the money to hire a lawyer. He will have a lawyer, so I need to make sure I do it correctly, because I have filed things wrong before, and he has a good lawyer, so the judge always sides with him, even though he is an abusive alcoholic.
I also want to know if she has to go with him, until the papers are filed. The polie offier told her she has to go until she does, and she is very upset about it!
Please help!!!!!!
Also, one of the reasons she doesn't want to go is, his girlfriend tried to kill herself in front of them. It really freaked them out, but CPS said there is nothing i can do!
You will need to file a "Motion to Change/Modify Custody/Visitation" and in the motion you would need to state you are asking the court to change the visitation/custody order to eliminate forced visitation as it is against the wishes of the child. You would also state in the motion that the visitation is not in the best interests of the child based upon the girlfriend trying to kill herself in front of the child. As an alternative you would ask for the court to impose supervised visitation and not allow the girlfriend to be present.

The courts "may" consider the wishes of the child as one of the grounds for changing/modifying custody/visitation and, while there is no set age, the courts consider the maturity level/educational level of the child and the reasons the child does not want visitation (generally the age is about 12-13 when the courts begin to consider the wishes of the child).

Title your "letter" Motion to Change/Modify Custody/Visitation and then list all of the reasons I discussed above. Then sign the document and have it notarized and then send him a copy and file the original with the clerk of the family court to set it for a hearing. Make sure you put the case name and number at the top of your document.

You can also bring it to legal aid for assistance and review and they should be able to at least make sure it is in proper form. If not, try the local abused children's group since they have attorneys available to assist as well.

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Customer: replied 8 years ago.
Should she have to go until this gets taken care of with the courts? The polie officer told her the judge would look badly on her refusal to go and it could affect the decision of the court!
I was not home, so I am only getting what her and her friend said! But she feels the officer was telling her she has to go!!!
I will not be able to file anything until tomorrow, because we do not live near the court house.
You really cannot force her to go kicking and screaming and if she refuses, you need to simply inform your ex that at this point it is more traumatic to her to force her to go and you will not put her through that in her best interests until you can resolve the cause of the problem. It would also help you to get her some counseling which could then be used in court to support the reasons why the visitation is not in her best interests at this time. If you can get to the court within the next day or so then you are fine refusing to allow her to go if she is insisting on not going until you can get to the court.
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