My 15 year old daughter wants to stay with me

[Sajarembo]

What is the name of your state? Michigan

 

[Sajarembo]

My daughter wants to stay in Michigan with me, her father lives in Louisiana and he has primary physical and we have joint legal. My daughter has been miserable with her dad for year and now that she is 15 almost 16 she has made decision she wants to stay here her father is absent he sits in his truck and drinks all day ... he doesn’t drive anywhere he sits in truck dosnt communicate with her... he fights with his girlfriend he moved out of the house for a few weeks and just dropped my daughter off at a friends house and he stayed somewhere else... please help is there anything I can do

 

[aldaron]

Jeez there's nothing worse than living with a drunk. Sending a person a 1 way plane ticket isn't illegal as far as I know. What judge is going to put a 16yo in jail for her survival. I'd do it now. If what you say is true she is in danger, drunks are unpredictable. Save her.

 

[Sajarembo]

I know and he is unpredictable... he has completely alienated her from HIS side of the family... his father is very ill and he hasn’t called or seen him in almost 5 years so when she is up here I make it a point to include them in the family things we do together and I call them and make sure they are both till ok when she isn’t up here. Anyway I made an appointment with an attorney last Friday and he dosnt believe there is enough hard evidence for a custody reverse but my daughter says she is not going back ( she talked to attorney with me) she is home alone from after school till the time she goes to bed they never do anything as a family he literally sits in his truck goes days without him saying a word to her!!!! She called and asked if she could stay he just said no ... but hasn’t called her not 1 time since she has been here... my hands are so tied I feel just terrible and he told her he’s coming a week early to pick her up which he does every year... I just have a bad feeling about what he is going to do to her if she end up going back to him

 

[PayrollHRGuy]

15-year-old kids don't get to override judges orders. If you truly have concerns you should file for an emergency custody order.

 

[Zigner]

Jeez there's nothing worse than living with a drunk. Sending a person a 1 way plane ticket isn't illegal as far as I know. What judge is going to put a 16yo in jail for her survival. I'd do it now. If what you say is true she is in danger, drunks are unpredictable. Save her.

Illegal? No...but it would be totally improper considering the COURT ORDER that is in place.

 

[not2cleverRed]

Jeez there's nothing worse than living with a drunk. Sending a person a 1 way plane ticket isn't illegal as far as I know. What judge is going to put a 16yo in jail for her survival. I'd do it now. If what you say is true she is in danger, drunks are unpredictable. Save her.

Heck, we don't even know why Dad has primary custody and Mom lives so far away from this daughter she cares so much about.

For all we know, Mom could be limited by court order to supervised visitation.

At the very least, Mom is likely required to cover the transportation costs if she's the one that created the distance.

If Mom believes her daughter is being neglected by the custodial parent, she should report her suspicions to child services.

 

[stealth2]

Jeez there's nothing worse than living with a drunk. Sending a person a 1 way plane ticket isn't illegal as far as I know. What judge is going to put a 16yo in jail for her survival. I'd do it now. If what you say is true she is in danger, drunks are unpredictable. Save her.

Terrible, terrible advice.

 

[LdiJ]

My daughter wants to stay in Michigan with me, her father lives in Louisiana and he has primary physical and we have joint legal. My daughter has been miserable with her dad for year and now that she is 15 almost 16 she has made decision she wants to stay here her father is absent he sits in his truck and drinks all day ... he doesn’t drive anywhere he sits in truck dosnt communicate with her... he fights with his girlfriend he moved out of the house for a few weeks and just dropped my daughter off at a friends house and he stayed somewhere else... please help is there anything I can do

You will have to take it back to court to try to get primary custody changed. That is your only option. You will have to do it in the state that has jurisdiction of the case. If your daughter is with you for summer visitation you will have to send her back to dad until the judge makes a decision. Now, if dad gives permission for her to stay with you, then she can, but only as long as he is ok with it, so you will still need to file in court to get it changed.

 

[Just Blue]

Jeez there's nothing worse than living with a drunk. Sending a person a 1 way plane ticket isn't illegal as far as I know. What judge is going to put a 16yo in jail for her survival. I'd do it now. If what you say is true she is in danger, drunks are unpredictable. Save her.

Are you stupid? Did you ever hear of contempt? Stay off the family law forums.

 

[Sajarembo]

Heck, we don't even know why Dad has primary custody and Mom lives so far away from this daughter she cares so much about.

For all we know, Mom could be limited by court order to supervised visitation.

At the very least, Mom is likely required to cover the transportation costs if she's the one that created the distance.

If Mom believe her daughter is being neglected by the custodial parent, she should report her suspicions to child services.

No I live in Michigan still... he is the one who moved to Louisiana and he got custody because I became homeless due to I lost my job so I called her dad and told her dad that I was going to be homeless soon and he filed an exparte and I never got a lawyer due to no job... so I never had a chance now I’ve got a full time job for 6 years own my own house and now he’s the one with no job and drinking and I’m only going by what my daughter tells me And for the travel costs I drive down and pick her up every May and he is supposed to pick her up July 31... I cannot talk to him about anything concerning her because he blocked my phone number 3 years ago

 

[PayrollHRGuy]

Then it is time to lawyer up.

P.S. How do you know he is drinking all the time?

 

[stealth2]

I’m only going by what my daughter tells me

Which I'm sure the lawyer told you is proof of nothing.

 

[stealth2]

Additional thoughts... For one, you are bound by a court order to return your daughter, whether she wants to go or not. Her father followed the proper procedure, and you must as well. If you do not do so, you risk being found in contempt and face having only supervised parenting time.

As for your daughter and what she's telling you. Now I'm not saying she's making things up or making things worse than they are, but she would not be the first teen to do so to get what they want. Judges see it all the time, so you'd be expected to present more than her word. How is she doing in school?

 

[PayrollHRGuy]

Which I'm sure the lawyer told you is proof of nothing.

I don't see the post or a missing post number that ties to the quote you responded to.