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Taylor, Attorney
Category: Family Law
Satisfied Customers: 245
Experience:  Attorney
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My daughter no longer wants to go to her dads. He makes her

Customer Question

My daughter no longer wants to go to her dads for visitation. He makes her feel uncomfortable and she is scared of the place that he lives. He is in a bad neighborhood and to the point that he bought her a handgun for protection. She is 13!
Submitted: 1 year ago.
Category: Family Law
Expert:  Taylor replied 1 year ago.

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?

Expert:  Taylor replied 1 year ago.

what state are you located in?

Customer: replied 1 year ago.
We have had several problems over the years and she just doesn't want to go anymore. He tells her she is stupid and all kinds of things and he makes her very uncomfortable. We are in tx
Expert:  Taylor replied 1 year ago.

i am sorry to hear that. If you give me a moment i will have your answer for you!

Expert:  Taylor replied 1 year ago.

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.

Expert:  Taylor replied 1 year ago.

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.

Customer: replied 1 year ago.
What are the chances that a judge would listen to her and terminate his visitation? She has even asked if my husband can adopt her.
Expert:  Taylor replied 1 year ago.

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.

Expert:  Taylor replied 1 year ago.

Does that adequately answer your question? I would be happy to help you if you have any further questions. If not, i would greatly appreciate a positive rating! thanks for using JA .Remember i am only compensated by JA after your positive rating!

Customer: replied 1 year ago.
Is it illegal for him to give her a handgun. I don't believe she is old enough for one and she isn't comfortable about it
Expert:  Taylor replied 1 year ago.

It is not illegal for her to possess the handgun as long as he is supervising.

Expert:  Taylor replied 1 year ago.

Have i adequately answered your questions?

Customer: replied 1 year ago.
thank you
Expert:  Taylor replied 1 year ago.

Best of luck. If you are satisfied with my answers i would greatly appreciate a positive rating! Thanks for using JA!

Expert:  Taylor replied 1 year ago.

Is there anything further i can help you with?

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