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My child is nearly 14 ,hates visitation with her dad he is a…

My child is nearly...

My child is nearly 14 ,hates visitation with her dad he is a felon with long record yet the magistrate refuses to stop visitation he is on house arrest for another four years, my child hate sher father, refuses to go and then i'm back in court for contempt, judge will not talk to the child stating the courts don't allow the child to make the decision, he is emotionally abusiver to her is re-married and there are physical altercations between him and his new spouse , they purposely kep the child custody open so that it cannot be moved to a new jurisdiction, because they know they would lose. no child support for two years nothin done about this what can I do?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Tried tofile for supervised visitation, for discontinuation of joint custody and for contempt of court for non child support , tried to do this since last june, our lawyer said he couldn't get a court date because his attorney was on a cruise, on vacation, and busy campaigning for prosecutor, prosecutors will not file contempt for child support. Then papers came to me for contempt for not making her visit him. she is as big as me i can't put my hands on her and make her get in the car with him, the magistrate is prejudied against me I believe I am driving her within a mile of his home, he doesn't have to meet halfway, I filed for change of venue but this custody thing was still open so rejected, asked for differnet judge , which have never gotten, he has taken me to court nine times threw the years regarding visitation, We live aqn hour away and my daughter is involved in marching band summer school, and all sorts of school activities which he refuses to take her to when he has heer, he has no drivers license for life due to killing someone while behind the wheel and drunk he has spent most of his adult life in prison, but they won't let any of that be brought up, I was thinking of filing complaint with judicial committee but I think if they do nothing that will make our case worse for us. What dio u suggest?

Lawyer's Assistant: Family law varies by state. What state are you in?

Indiana and the most corrupt county Starke

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I'm broke from lawyers, my daughter cries every time she has to go with him, and everytime I pick her up, Judge has ordered therapy so that he can work on his relationship with her, he quit going, exploded in therapy showing how controlling and narcissitic he is, its really not that he loves her or wants her it's to punish me for leaving him really, it's the only avenue he has left to control and hurt me, I really need some one to advise me and tell me what to do, he will take me back to court till she's eighteen he's that crazy and no teenage child will do thios she wants to be with her friends now aas most teenage kids do. He has no license as I said so she sits in her room the whole time she's there or babysits his three other children while he lies sleeping or him and new wife go out , something has to be done as I know she is going to rebel and run away , especially if he's granted custody. I can't see him getting custody, I have no record of illegal doing, he is supposedly paying for someone to evaluate both parents he's a pretty good con man and actor, wouldn't worry if it wasn't this county.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

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Answered in 13 hours by:
3/25/2018
Josie-Mod
Category: Family Law
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Hi, I'm Josie, a moderator for this topic.
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Customer reply replied 1 month ago
I can wait a while
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 123,388
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry for your delay in receiving a response, but the experts are not site employees and have no control over when questions appear on our lists. I do apologize.

This is a problem with your lawyer it appears. If there was an issue in therapy and your child has such a problem with visitation, you are right, you cannot physically force her to go. So, your attorney should have filed to change visitation and custody together with a motion for contempt for non-payment of support. Your attorney should have also filed to allow the child to testify in court to her wishes and subpoena the therapist to court regarding the breakdown in the relationship.

These are all steps your attorney should be taking to get this matter settled and if they are not doing so, you need to consider strongly getting a new family attorney at the same site used by other attorneys, http://www.superlawyers.com

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
he would not get this done but the magistrate is dead set against talking to the child and says the court doesn't allow a child to choose if she goes to visitation or not. She has always sided against us , we have had three different tattorneys now and it makes no difference , there is a judge Hall and we never get to see him although we have requested him, it's always her and she say's the child is a "little brat who has her mom wrapped around her finger" and "someday this child is going to be in an orange jumpsuit", she's a good kid . we have no problems with her other than she doesn't want to visit her dad. So if she refuses to go with him again and I know we'll be back in court for contempt, I don't know what to do, the more angry this judge get's the more I pay. Las t time I moved and get didn't it done correctly, although I tried to advise the court, my punishment was to drive her an hour to a meeting place that is ten minutes away from her dad's no more meeting half way and I live an hour away.. And this has went on for years now. As I said before we can't get this moved out of the county because they kept this child custody thing open so that we could never move it. Now he is saying he will get someone to look at both parents, do u think they will favor him since he hired them? He has a criminal record a mile long, but still in this county you can't get anything done. He has been seen driving many times although he has no license and is usually under the influence when driving with all the children it is an endangerment to the kids but still nothing is done.

Thank you for your reply.

This is something that the court needs to hear from your daughter and that your attorney needs to get in front of the judge.

You cannot get it moved out of the county, but the judge is allowed to consider the wishes of the child and that is what your attorney needs to do here in order to properly represent.

If you have proof he is driving drunk with the child, that is cause to change the visitation as well. I mean everything you describe is grounds for changing the custody and visitation and why the judge is refusing and why your attorney cannot either get the judge to listen to the child or appeal, I am perplexed and perhaps it is time for you to get a new attorney.

The other option is you can ask for a guardian ad litem to represent the child, which would mean an attorney to represent ONLY the child's interests. However that would mean the two parents would have to pay for the GAL and share in those costs.

The GAL is the only other way to pursue this.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
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Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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