What to do if my 16 year old daughter does not want to visit her mother any longer?

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What to do if my 16 year old daughter does not want to visit her mother any longer?

I have custody; he mother does not. My daughter was molested by her stepfather 3 years ago and her mother never has supported her. The mother continues to be married to this man, although they do not live together in order to comply with a no contact order. Their visits are hostile and emotionally abusive for my daughter. What rights do I have to protect her from being subjected to this woman?

Asked on January 13, 2013 under Family Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your best remedy would be to file a motion to modify the visitation schedule that either cut off visitation completely or that only provide for limited supervised visits at your home.  The basis of your motion would be that it is emotionally harmful to your daughter to have contact with the mother because of the issues that you site.  You can file the motion and simply rely on your testimony and your daughter's testimony-- but it would help significantly if you had a counselor testify about the emotional, parental abandonment issues that your daughter now has because of mom's prior conduct.  If you can afford it, try to visit with a family law attorney as well to help you with the filing of the motion.  Many now accept payment plans which makes it much easier to retain counsel to help you through the process.

Your secondary remedy is to simply let your daughter (not you) tell her mother that she is not coming back over for any future visits.  However, the risk that you run with this option is her filing a motion for enforcement against you. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the facts of the unfortunate situation that your daughter experienced, I suggest that you, the mother and your daughter have a face to face meeting about the situation and why she does not want to visit the mother any more.

If a face to face cannot work, then you need to call the mother as to the reasons and follow up with an e mail keeping a copy of such. If you have a family law attorney send a copy of the e mail to him or her.

Bottom line is that things have to be decided for the best interests of your daughter and if visits with her mother are not in the best interests for the minor at this time, then there should not be any visits. Real simple.


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