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AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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I had physical custody of my daughter (13) from jan this yr

Customer Question

I had physical custody of my daughter (13) from jan this yr till aug when my daughter asked to visit her mother (who lives an hr & half away) for 2 weeks since then I haven't had any contact with my daughter no calls or visits and my daughter sais she wants nothing to do with me ever again (she told her friend with no real reason) which comes as a complete shock since we always got along great I filed an emergent motion ( in court I found out my ex had taken my daughter to a therapist for 6 weeks without my knowledge)and the judge ordered my daughter back within 24 hrs. my ex didn't bring my daughter back, I went down to my exs house with the police and my ex is all polite and busy how she wants to comply with the court order but simply cant force our daughter out of her house , my daughter told the officers that she refuses to go home with me or see me or talk to me without giving any reasons. I'm sure my ex has been brainwashing her so
#1 what can do I do/or a judge do what's my next step
#2 can I get this therapists license taken away for treating my daughter without my consent?
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyHeather replied 1 year ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 1 year ago.

This is a really hard issue that I have seen alot. If you get an order directing law enforcement to assist you, they can remove her (eeek forcibly).

Yes, you can file a complaint against the therapist's licensing board. I have done this many times and the therapists will usually be threatened by their licensing board to stop seeing the child at once or risk being disciplined.

Your wife has probably told your daughter to say she refuses, and so your daughter now knows exactly what to do to stay. There's really not a great answer here, but it might be better to get her sooner rather than later, because the longer you wait, the more likely she is to stay with her mother on a permanent basis.

Customer: replied 1 year ago.
the judge also entered in his order ordering the local police where she lives (not the same county) to assist however they said they will not physically remove my daughter if she sais she doesn't want to gowould the sheriffs dept act differently? is there anything more a judge can/or would do?
Expert:  AttyHeather replied 1 year ago.

This is up to the officer discretion. The particular officer is making a choice.

Customer: replied 1 year ago.
how am I to get my daughter out of there?
Customer: replied 1 year ago.
you stated the faster I get her back the better but if I have no way to talk to her or see her it don't help so basically I might as well give up?
Expert:  AttyHeather replied 1 year ago.

If the police won't help, file a motion for court ordered therapy and for your daughter to see the therapist at least 2 times a week with a therapist selected by you, and ordering the mother to take the daughter, and the therapist told that you are to be involved and participate in the therapy with the goal of the therapy being finding out why the strain in the relationship with you and your daughter and fixing that issue.

Customer: replied 1 year ago.
with my exs response that my daughter refuses to go? then what
Expert:  AttyHeather replied 1 year ago.

Then you argue to the judge that as a custodial parent, the custodial parent should be able to control the child enough to get them to go to therapy. I have seen people try to argue that to a judge, and the judge usually ends up yelling at them.

Expert:  AttyHeather replied 1 year ago.

If she can't get the child to go to therapy, she is not fit to have custody.

Customer: replied 1 year ago.
i couldn't agree more that she's not fit to have custody (its not that common that fathers are granted physical custody with mothers visitation limited to sundays only with no overnights) and the judge seemed to think it was extremely important to have her returned to me as well however there's still no solution on how to get it done and what a judge can do to enforce it
Expert:  AttyHeather replied 1 year ago.

You could try getting the judge to hold the mother in contempt of court for disobedience of the court's order and order that she go to jail for 30 days, and you will have to get the child back so mom can be thrown in jail.

Customer: replied 1 year ago.
not my first choice not looking to get her thrown into jail but it might have to e an option tx
Expert:  AttyHeather replied 1 year ago.

Do you have any more questions right now? If not, can you do a positive rating?