What can I do if my daughter no longer wishes to see her father for his custodial time?
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What can I do if my daughter no longer wishes to see her father for his custodial time?
I have a 15 year old daughter. Her father and I have been divorced for 6 years. We’ve had 1 modification of the parenting plan 4 years ago. I am primary custodial parent. We have joint legal custody. He has her with him every other weekend and 1 weekday night. My daughter no longer wishes to be obligated to go with her father during his custodial times. They don’t have a very good relationship as he is very controlling and has anger issues. She has not gone with him in almost a month and has blocked him from her phone. She has, at my insistence emailed him with how she feels. I have been urging her to talk with him and let him know how she feels.
Asked on August 26, 2015 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Your daughter's father can ask the court to hold you in contempt if you are intentionally interferring with your child's visitation. However, the reality is that since your daughter is 15, you can't physically force her to visit with her father if she doesn't want to. Even if you threaten her with some kind of punishment is not likely to get her to go. The fact is that a teenager most likely would rather be with their friends than with either of their mother or father. In recognition of this reality, the courts typically hold the teenagers responsible for their missed visitation and not the custodial parent. Accordingly, since the custodial parent cannot make their teenager visit as ordered, the court is unlikely to find the parent in contempt for failing to comply with the visitation order.
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