My ex husband and I have joint custody of out 13 yr. old daughter. She's now deciding that she doesn't want to go for his full visitations, which are 5 days every other week. Can he sue me for contempt of court if I break visitation in the divorce papers and don't make her go? I live in Tennessee by the way. A lawyer told me 12 yrs. ago this could happen, but she's now 13.
2006-12-18 18:25:38 · 7 answers · asked by sweet.pjs1 5 in Politics & Government ➔ Law & Ethics
Well I know why she doesn't want to go, but I don't know if it would be enough in the eyes of the courts. Her dad has a new girlfriend with a 3 yr son and a 5 yr. old son, and they have her babysitting the whole time she's there for sometimes 10 hours a day when she isn't at school. They constantly put her down and once he told her that she was acting just like me a b*tch. They have her cleaning the whole house and even getting up with the 2 kids of the morning and fixing their breakfast. I don't think any of this is right, myself. They are the adults, not her. I don't really blame her for not wanting to go. I've tried talking to her dad, but it always ends in an argument, cause he never sees his own faults and only says she's just jealous or playing us against each other and I don't think that's the case either way.
2006-12-18 19:26:12 · update #1
Please do not break the law or fight with your ex spouse about the issue.I urge you talk over with each other before you decide to do anything. When it comes into a court of law you do not want to mess with the court. You need to get advice from the lawyer in order to get it right. Good luck and I wish you well. Thank you for asking this question because, it will help everyone out there who is afraid to ask this question.
2006-12-18 18:42:57 · answer #1 · answered by ryladie99 6 · 1⤊ 0⤋
Court ordered visitation is an official court order. Therefore, you are technically in contempt of court when you fail to meet each listed order. Family courts have grown accustomed to reasons why children are not brought for visitations such as abuse, inability of the parent to deliver the child financially (bus tickets, plane tickes etc). If your 13yoa daughter does not want to visit her father, then I would be concerned that there was a reason I was missing. Sit down with her and ask her why. The reason may be defendable in court, and you may actually end up in contact with Child Protective Services if there is some abuse taking place during those visits. That particular agency can stop court ordered visitation if they find evidence of abuse. So, even though it is technically a violation of a court order, there are defendable reasons for such a violation, and the courts are familiar with such defenses. I would still contact an attorney and get assistance, but most importantly I would want to know why she feels this way.
2006-12-18 18:43:09 · answer #2 · answered by The Law 2 · 1⤊ 0⤋
He could sue you for voliation of court orders
A judge can charge you with contempt of court
You would need to get the visitation agreement re-written to avoid
problems, however if there is reason she does not want to go, document it in diary date by date and present it to a judge or lawyer and explain that you can not "force" her to go, but you are not stopping her from going.
If it is documented in court papers that you are not hindering her, the judge may re-consider the problem to family division.
2006-12-18 18:38:19 · answer #3 · answered by Carl P 7 · 0⤊ 0⤋
She may be of the age to choose which parent she wants to live with legally and then choose when she wants to go to see the other parent. You can inquire about the law at the child support unit of the nearest courthouse or you can get a lawyer to help you with the legal ends of the problem.
In most states the age of choice of custoday is 13 or 14
2006-12-18 18:34:57 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You may apply to court for a fresh order with the support of the girl.
Dont wait for him to file the case first.
2006-12-18 18:32:25 · answer #5 · answered by Rammohan 4 · 1⤊ 0⤋
YOU BETTER GO SEE A LAWYER BECAUSE YOU DON'T WANT TO SEE YOU BEING SUED BY YOUR EX FOR CONTEMPT OF THE COURT ORDER RE VISITATION RIGHTS!
2006-12-18 18:31:40 · answer #6 · answered by livinhapi 6 · 1⤊ 0⤋
yes it will be. ask ur lawyer to go to court again and take a fresh verdict from the court
2006-12-18 18:39:06 · answer #7 · answered by Eccentric 7 · 0⤊ 0⤋