question please answer?

Question

well my husband has physical custody of his daughter she visits her mom her momcalled today saying sence we had custody of her daughter she is not the same she said her daughter is hitting,throwing rocks and so on she is filing an order at court because of this.his daughter doesnt do none of these things here she is a good girl my question is can my husband request visitation be haulted till we find out why she is misbehaving at her moms house

also she has to pay 80.00 a wekk child sapport in which she said she dont want to pay child sapport we think this is why she is filing she want her 95.00 a week child sapport she was getting

Answer 1

Don't fall in to that trap...she is making problems, probably none existing, about the girl probably hoping you will suspend her visitation rights (which is illegal without the courts order) and hoping the courts will let her off the hook for child support. I have seen this ploy before with my adopted children. You may have to get yourself a court date to discuss this with your court judge. But before you do this have your husband and his daughter have a heart to heart on this-don't you be in on it till your husband says so. The courts will look on this approach more favorably because she is his daughter not yours. Courts always have to consider the influence of the third party, in this case you, only after and only if it is necessary to be considered for the child's well being. Don't allow your feelings to play a major part in this. The court might figure you have your own agenda on the matter. And this agenda can really complicate the issue for you. Yes try and get visitation rights halted for the girl's well being, but have the court order it and investigate it don't you get involved, and don't you just do it.

Answer 2

The result of a petition on either side will be an examination of the custody order. A child advocate will probably be assigned by the court and counseling will be ordered for the child to determine whether or not the allegations of the behavior in question has merit, and whether or not you are responsible. All the parents will be asked to participate, as is appropriate.

Why don't you be proactive and get counseling for the child yourselves? If the child is not behaving in this manner and the mom is just being vindictive, the therapist can testify on your husband's behalf in any court proceedings that the child is psychologically sound, her custodial family is a good placement and the biological mother is the problem. Try to make this as stress free for the child as possible.

You might think that counseling is punishing the child for the sins of the mom, but think again. If the mom is making these allegations, she is probably saying negative things that the child is overhearing. Counseling will help your daughter sort all this out so it is a win-win situation for you and her regardless. Good luck.

Answer 3

Nothing of what you wrote above will do her any good. She has to provide the court with concrete evidence that her father is abusing her or is using drugs to be considered an unfit father for the courts to overturn custody. Like you saids it sounds like shes going to try something to be able to quit child support. If all she has is hearsay then all she succeed in doing is getting the court mad at her. If she keeps this crap up,you can sue her for harassment if you want. She can say all she wants and until you get something from the courts itself, theres no need to worry. Also if she keeps up the childish games the court could review and adjust her visitation rights which she really doesnt want. Good luck

Answer 4

He can request anything, whether or not a judge will grant it is another matter entirely. Sounds like your daughter needs some counseling.

Answer 5

He can request it, he mat not get it but he can request it.