My girlfriend hates her dad, with good reason. I think I know the answer but: He says that there is some right that he has to see her every other weekend. I think thats bullshit but is it?
2007-06-25 02:46:19 · 13 answers · asked by Mitch M 3 in Politics & Government ➔ Law & Ethics
Other details: He is a former coke head. He is a control freak. He lied to a social worker when she told them that he hit her (which he did) . Basicly held her prisoner in his house when she did live with him.
2007-06-25 03:01:41 · update #1
There are different laws for different states. But she is 16 and how she feels should help in the judges eye. YOu will have to go back to court and she will have to take the stand. I how ever asked if my kids could talk to the judge behind closed doors. and the judge agreed No matter how old the child is getting on the stand can be a hard thing to do even for a adult so do not push that with the child even if she says she wants to take the stand make ur self look good by protecting the child. Talk to a lawyer and find out if you have a good case to go to court. and save ur money because the fees are not cheap. best of luck
2007-06-25 03:20:55 · answer #1 · answered by fancy 3 · 0⤊ 1⤋
She probably can petition the family court to honor her decision. In most states that right is given to anyone 14 years or older. She can tell the court that she is afraid of her father and they may reduce the visitation to supervised visits in a neutral place. However, I know that often refusal to visit with a father is not a legit request but fueled by petulance or by coercion from the mother, or anger at the end of the marriage, etc. Those are not valid reasons and a family court may still require the visitation because the motive is selfish or driven by others. Like you I am guessing. YOu don't help her but inciting hatred or making innuendos. Immaturity, like it or not, is possibly at work here. You need to be supportive but stop pushing her buttons and expressing opinions that are out of line.
2007-06-25 02:54:26 · answer #2 · answered by Tom W 6 · 2⤊ 0⤋
THE ONLY state which gives your girlfriend a leagal right to petition the court on her own behalf is Georgia, which gives that right under statute at the age of 14.
In ALL other states, the child may be heard on a motion to terminate visitation filed by the mother. However, the matter is at the discretion of the court and not the child. Also, a child may not, as the subject of the visitation order, file such a motion on her own.
2007-06-25 03:07:27 · answer #3 · answered by hexeliebe 6 · 2⤊ 1⤋
If her parents are divorced and he has partial custody (every other weekend or something like that), then the answer is probably yes, she has to see him. However, at 16, she's certainly old enough to have the custody arrangement changed by the court, especially if he's done something to warrant it. If she wants to pursue it, she may be able to visit or call the court that would handle it (it's different in every state) or call her mother's divorce lawyer for more information.
2007-06-25 02:52:19 · answer #4 · answered by Patrick 3 · 1⤊ 1⤋
Unless the mother filed a motion in court or the father did, that states that they have to see each other, then yes. She does have to see him until she becomes 18. But she may be able to have her mother file a motion that she would testify why she doesn't want to, then that would be her best bet.
2007-06-25 02:51:23 · answer #5 · answered by d 2 · 1⤊ 0⤋
She would need to go before the family court judge and ask that she not be forced to have visitation with her father. She would need to have good verified reasons as to why she does not want to see him. But until she gets a court order to not be forced, he has his rights to see her until she is of the legal age of 18.
2007-06-25 02:51:19 · answer #6 · answered by shanla 4 · 1⤊ 1⤋
As per the US laws you are not a grown up person if
you are not 18 years old.
Tell your gf to file a sexual assault suit against the father.
Next time he will stay away from her.
We live in the USA.
2007-06-25 03:16:34 · answer #7 · answered by ASKER 3 · 0⤊ 1⤋
I would certainly think not. I would go to court, if I had to. Especially since she has good reasons. If, I were the Father, I would not want to see my Daughter, if she did not want to see me. Have a good day.
2007-06-25 02:49:43 · answer #8 · answered by That one 7 · 0⤊ 1⤋
What's the reason? Just curious. I've been in a similar situation, as was a friend of mine. When her father died, she regretted it deeply and still does.
2007-06-25 02:49:37 · answer #9 · answered by guess 5 · 1⤊ 0⤋
Yes, she can be forced to see him. She is still a child and her custodial parent has complete control.
2007-06-25 03:33:25 · answer #10 · answered by cyanne2ak 7 · 1⤊ 0⤋