What to do if my ex-husband andIi have “joint custody” of our 2 children but he is very emotionally abusive to our 12 year old daughter?

He only has phyiscal custody of them about 6 days a month. We have been to counseling several times over the years because of this issue but the behavior is only getting worse. She has recently confided in my mother that she feels like she wants to kill herself when she is at her dad’s. I have no problems whatsoever with this child when she is with me. What are her rights? If I refuse to make her go there until he agrees to do his own counseling or if she only wants to see him one day a week and not overnight, is her testimony taken into consideration? Also, he is talking about moving in with his girlfriend across state lines. Can he do that?

Asked on September 3, 2012 under Family Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your "ex" is emotionally abusive to one of your children where she has reached out to her grandmother for help with the situation, you need to help your daughter. First, get her to some counselor to assist in her dealing with the situation.

Next, you need to consult with a family law attorney as to how best separate the "ex" and the daughter which could very well result in the filing of a petition with the court seeking an order ending temporarily the custody and visitation of the "ex" with the daughter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.