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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Live in Ohio... i have sole custody of a 11yr. The father has

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Live in Ohio... i have sole custody of a 11yr. The father has standard order of visitation. Child had been sick a lot these past 6 months then had a tonsillectomy surgery in which the recovery was very difficult for her. She missed some visits with her father, he filed a motion to show cause for contempt. She didnt go to visits because she wasn't well, the majority of the missed visits the father consented and said okay. He works 6 days, 5 are 12 hour days and one 8 hour work day. He also filed a motion for more visitation time, which is ridiculous because he's not present now at the visits. Do you see anyway he can prevail?
Also... the child hates these visits terribly and is scared all the time when she has to go. She's come to the point where she's had enough! Last night she was to go for the week visit, she told him she didn't want to go, he made her get in his car (barefoot) and attempted to take her unwillingly. I told her to get out and get in the house. She is scared to death of him, it was very difficult for her to tell him she wasn't going with him because she knows he will react and retaliate! I then went to the police station and filed an incident report which is to be reviewed with detectives to determine to arrest him or not of attempted abduction. The officer told me I need a protection order and need to prove that the father is unfit to be a parent. He also asked me if she's so afraid of him then why do I make her go and why I let this go on so long. I have a court order! I have to make her go, for 11 years now! I have her in counseling and she's learning coping skills and techniques to calm her anxiety. Also, my attorney is filing motions to resist visits. This is ridiculous behavior of the father, he does not think of the child at all, only his rights and control and how he can get to me. Any advise? She's terrified now to go with him because he will interrogate her as to why she wouldn't go last night. Thank you.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The Judge is always going to act in the best interest of the child and if there is currently a problem with the father, the Judge will not be inclined to grant him additional visitation until this issues are resolved. Moreover, in order for the child to not be forced t go with the father the current visitation order must be modified or else you could be held in contempt. Of course, if the child would be harmed or in danger you do not need to let her go but that decision is at your own discretion since if he took you back to court you would need to support your actions. In a situation like this you certainly want to have the child evaluated by a doctor to show that there are issues present that are effecting her and her ability to have a relationship with the father. It is possible that the Judge may order the father to take parenting classes or to modify the current schedule to allow you daughter more time to get acclimated with the visit and more comfortable around her father. He does have a legal right to see her and often times relationships need to be worked on. What is the most important thing right now is showing the Judge that help is needed and to limit the time and length of the visits.
Customer: replied 4 years ago.

Thank you for your answer. Yes help is needed! Her pediatrician prescribed anxiety meds for her in order to relax her enough to visit, sad I have to do this! The motions my attorney is filing will not be heard until August, how do I keep her out of danger and harm until then, continue to resist visitations? I know this is all contempt but it's my job to assure she's safe, and in my opinion she will not be safe with him when she goes for next visit, he's horrible. As far as a doctor evaluating her, her counselor now is not allowed to testify in court, she isn't a PhD. My attorney is having a GAL appointed, but do you think I should take her to a Pshychologist who will testify in court? She's just now developing a rapport with her counselor and I really don't want to switch counselors.

I would speak with your attorney about the strategy he/she wants to use and rely on their advice with if you should stay with the current counselor who she likes or if it would be best to switch to a doctor who can testify in court. Since the hearing is not until August you may want to ask your attorney on Monday to try and file an emergency motion to modify or stay the visitation until this can go before the Judge. If not, then it would be at your discretion and the father would have to take action if he is unwilling to comply.
Customer: replied 4 years ago.

My attorney said it's not worth filing an emergency motion because it doesn't get heard any sooner. I'm scared for my child, I don't feel she's safe to go with him but how can I prove this.


You would prove it by testimony. If there is no physical evidence, your testimony would need to be used if the father proceeded and asked the Judge to hold you in contempt of court. You would have to testify as to the reason why you failed to allow your daughter to go with him and why you felt it was in her best interest to do so.
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