What to do if my ex is violating the parenting plan by not taking daughter on scheduled days or taking her on my scheduled days?

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What to do if my ex is violating the parenting plan by not taking daughter on scheduled days or taking her on my scheduled days?

He is also continually verbally and emotionally abusive to my daughter 13 and disparaging of me around her. She is seeing a therapist who knows all this but is having little luck getting my ex to treat my daughter kindly. Do I have a good chance to redo the parenting plan to reduce his time with her as my daughter would like? Or am I taking on more stress and costs for little chance of benefit?

Asked on November 12, 2012 under Family Law, Washington

Answers:

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

Answered 11 years ago | Contributor

In the world of family law, "final" orders are rarely "final" because the needs of children are frequently changing.  The fact that a therapist has been working with your daughter and your ex- and he has refused to adhere to the emotional needs of your daughter will really help your case to modify the parenting plan.  It also helps that he has not been compliant with other orders.  You can request a out-right modication (change the plan and limit his contact going forward) or a conditional modification (change until he completes counseling).  You are in a good position for modification right now. Try to see if you can get a family law attorney to help you, though, to insure that your information gets to the judge as quickly as possible.  There is no need for your daughter to continue being emotionally or verbally abused.


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