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Need advice regarding my year old daughter, whom I have

joint custody of, not wanting...
Need advice regarding my year old daughter, whom I have joint custody of, not wanting anything to do with her abusive mother. My daughter lives with me and we have moved to another state, with permission from her mom, and now her mother is demanding to see my daughter. Note: her mother does not provide anything for her, not even child support! Can my daughter be made to see her and interact with her?
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Answered in 1 minute by:
10/19/2017
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,714
Experience: Attorney with 17 years experience
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Is there any type of custody order in place from a court that sets out a visitation schedule?

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Are you listed as the father on the birth certificate?

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Is there any child support order through the courts?

.

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thanks

Barrister

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Customer reply replied 1 month ago
The custody order is Joint legal custody. I am the father listed on the birth certificate. No there is not child support ordered through the courts! Since we have joint custody, my daughter was living with her mom 1/2 the time and myself 1/2 the time. Over a year and a half ago my daughter called me at 1 am and pleaded with me to come and get her. I did and my daughter told me everything that had been happening at her mother's home. My daughter told me she did not want to go back, she did not want to live her mom, she did not want anything to do with her. Her mom was abusive to her, mentally, physically, emotionally, etc. Since my daughter has been with me she has excelled in school, accepted responsibilities, become a different young lady. We have moved to Florida, where I am from, and now my daughter's mom wants to come see her and keeps saying she has rights! My daughter adamantly does not want to see her, has even told social services and child protection services the same thing.
Customer reply replied 1 month ago
While my daughter was with her mom I was paying child support, which was ordered through the courts. Social Services and Child Protection Services told me that since my daughter was 12 and her mom and I shared joint custody, my daughter could choose whomever she desired to live with.
Customer reply replied 1 month ago
Also, there is no visitation set out by the courts. The only schedule that is in effect is the original order of joint custody and half time with each parent.

Ok, then legally if the mother has joint custody, she has a right to her custodial time. You can refuse to comply, and then her only recourse is to go to court and file a motion for contempt of court against you. You can then file your own motion to amend the order for full custody based on her prior treatment of daughter. At 12, she would be old enough to express her feelings and preferences to the judge and he could take them into consideration in any modification of the order.

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And social services is wrong.. A child doesn't have the legal right to decide where they live until they turn 18... Their legal guardian and/or the courts determine where the child lives.. The child can express her preferences, but it is by no means determinative on the judge as to where the child lives.

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.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 1 month ago
even if my daughter has lived with me for over a year and a half, been in the same town as her mom lives and her mom came to see her once every 2 months for the first year. Then not at all. Plus, my daughter does not want to see her, talk to her, or have any communication with her, this can still happen? Completely uproot everything my daughter has gained and achieved since being with me? Even if her mother does nothing for her? Does not even help with her!We lived in Mississippi until July of this year and moved to my home state of Florida. Her mother was aware of this and even said it was ok, my daughter has done amazing, school (straight A student), no worries, etc. Now this.
Customer reply replied 1 month ago
Should I retain an attorney here locally where we live now? I think she becomes a resident of Florida after 6 months of living here, is that correct or not?
Customer reply replied 1 month ago
What I do not understand, prior to my daughter coming to live with me. Her mother remarried and moved out of state with my daughter and denied me my time with my daughter. I took her to court and was told her mother could move wherever she wanted to with my daughter it was my responsibility to see my daughter. Even with joint legal custody! Then her mother separated from her husband and moved back to the town I lived in and my time still was denied. Even when my daughter wanted to see me! The courts would do nothing in Mississippi. My attorney could get nothing accomplished, period. Now my daughter just wants to be happy and content, live peacefully. Be a kid and a teenager, grow up!
Customer reply replied 1 month ago
What should I do to make sure that this will not happen? I am not going to let my daughter down.
Customer reply replied 1 month ago
You stated the childs legal guardian and or judge determines where the child lives. Since both her parents are legal guardians, doesn't that mean I can have a say in where she lives?

I understand your frustration, but the custody order is just that... an order from the court. If you want to change it, you have to go back to court to do so. Regardless of the mother's actions, she has the right under the current order to shared custody, whether your daughter agrees with it or not.

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So you go back to court, show proof of how great daughter is doing in your sole custody, and move to have the order amended to make it official that you are sole custodial parent...

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And if the case has not been transferred to FL, then MS is still the state that retains "exclusive and continuing jurisdiction" over the case unless you actually file a formal request to transfer the case to FL due to both you and daughter being legal residents there.

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.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,714
Experience: Attorney with 17 years experience
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Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,714
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