What to do if my daughter doesn’t want to visit her father?
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What to do if my daughter doesn’t want to visit her father?
I am currently pro-se in a child custody case. I have retained custody of my daughter and she doesn’t want to visit her father on his weekends. Is she going to be forced to see her father even if she doesn’t want to be around him? Last year, he took her for 8 days without telling me where and refused to allow the kids to tell me anything. The judge ignored the situation.
Asked on January 12, 2012 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Is there any way that you can see if you qualify for legal aid or any pro bono family services here just to get you some muscle in the situation? If there is not and the judge keeps ignoring the situations that pop up then you need to make a record - ask for a court reporter or check if the court has its own recoding devices - for every issue and incident that you bring up. You will have to appeal any order where the judge ignores the law. Now, as for the weekend visits. You need to explain to your daughter that should she refuse to go it will only make it harder on you. He will take you back to court and you will be held in violation of the order. You have not stated how old she is. If the situation is harmful for her then that is something you can raise in court. If she is old enough to testify then a judge will let her. But she can not say things like "he is too strict" or "he does not let me watch tv" as a reason for not going. They have to be concrete reasons. Good luck.
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