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  1. #1
    fgordy is offline Junior Member
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    16 year old daughter does not want to visit father

    What is the name of your state?What is the name of your state? GA

    My step-daughter went to visit her father for the summer when she was 14 and did not come home. He convinced her to live with him and the court granted him temporary custodity. In April she called and wanted to come back home after a continual verbal abuse and finally physical abuse.

    When my wife was married to this man she was physically and verbal abused. They had two daughters. The older one (she is 17) decided over 4 years ago that she never wanted anything to do with him and considers me her father. The younger daughter (16) now sees what he is.

    Here is the question... He lives in Lousianna, we are in Georgia. The divorce was final in Mississippi in 1990. He called the 16 year old and asked her if she wanted to come to visit this summer. She said she didn't. He is convinced that we (my wife & I) are keeping her from him. He said that if she didn't come he would get a court order. If she is 16 and does not want to go what can he do?

    Thanks for your help in advance.
  2. #2
    stepmom&mom is offline Member
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    You can pack her bag for her and tell her to have a nice time.


    OR


    You can pack her bag for her, tell her to have a nice time, get a lawyer, and request a custody modification. Either way, your spouse is in contempt if she does not send daughter.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by stepmom&mom
    You can pack her bag for her and tell her to have a nice time.


    OR


    You can pack her bag for her, tell her to have a nice time, get a lawyer, and request a custody modification. Either way, your spouse is in contempt if she does not send daughter.
    I am not sure that answer is totally accurate...because I am quite frankly confused as to who has legal custody of this child.

    I think that the OP most seriously needs to get a consult with an attorney.
  4. #4
    stepmom&mom is offline Member
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    I know it's not good to assume, but unless dad has been restricted from visitation, be it supervised or not at all, he'd surely have some visitation time with his child, even if doesn't have custody, and if mom decides to tell daughter she doesn't have to go, then wouldn't she be in contempt? It would be even worse for mom if dad still has custody.
  5. #5
    fgordy is offline Junior Member
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    16 year old daughter does not want to visit father - Continued

    Quote Originally Posted by LdiJ
    I am not sure that answer is totally accurate...because I am quite frankly confused as to who has legal custody of this child.

    I think that the OP most seriously needs to get a consult with an attorney.
    My wife has custody of both daughters. We have documented physical abuse (a picture of her bruises). She has told us that he threw her againist the wall. She is afraid of him and does not want to go.

    We have not pressed charges per my wife and step-daughter's request. The step-daughter does not want to see him. She is extremely shy and afraid of him.
  6. #6
    George1620 is offline Member
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    Quote Originally Posted by fgordy
    My wife has custody of both daughters. We have documented physical abuse (a picture of her bruises). She has told us that he threw her againist the wall. She is afraid of him and does not want to go.

    We have not pressed charges per my wife and step-daughter's request. The step-daughter does not want to see him. She is extremely shy and afraid of him.
    What are the court orders regarding his visitation?
  7. #7
    titansfan Guest

    Question get the visitation modified

    if you have proof of abuse, you need to go to court and get the visitation modified, untill then, she has to go, or your wife could be held in contempt. im surprised she hasnt already been held in contempt for not making the older girl go. untill a court order says otherwise, she has no choice, she has to go.
  8. #8
    LdiJ is offline Senior Member
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    Quote Originally Posted by fgordy
    My wife has custody of both daughters. We have documented physical abuse (a picture of her bruises). She has told us that he threw her againist the wall. She is afraid of him and does not want to go.

    We have not pressed charges per my wife and step-daughter's request. The step-daughter does not want to see him. She is extremely shy and afraid of him.
    You basically have two choices here. Either deny visitation and then defend the denial if he files contempt, based on the fact that he has been violent with the child.

    Or

    File a motion to terminate visitation, or modify visitation to supervised visitation, again based on the fact that he has been violent with the child.

    The second option is the wiser way to go.

    Your wife and daughter however need to realize that the decision NOT to report the abuse was a foolish one. The problem would already be solved if you had.
  9. #9
    titansfan Guest

    Exclamation wife may faces charges anyway

    and your wife could also face charges of failing to protect her daughter by not reporting the abuse. she has an obligation to protect her daughters, and shes failed to do so by not reporting this. she will be lucky if she doesnt lose custody.
  10. #10
    LdiJ is offline Senior Member
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    Quote Originally Posted by titansfan
    and your wife could also face charges of failing to protect her daughter by not reporting the abuse. she has an obligation to protect her daughters, and shes failed to do so by not reporting this. she will be lucky if she doesnt lose custody.
    That is an unrealistic response. There is little to no chance that she would lose custody on a "failure to protect" basis. At least not at this point. The child hasn't been back to visit the father since the abuse occurred.

    However, if she doesn't take any action to suspend/terminate visitation, and she sends the child to visit, and the child is again hurt...THEN there is a chance that "failure to protect" could become an issue.
  11. #11
    fgordy is offline Junior Member
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    Quote Originally Posted by George1620
    What are the court orders regarding his visitation?
    He must submit in writing, 30 days prior to the time he would like her to visit. He has not done that yet... but we are sure he will.

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