Legal Question in Family Law in Arizona
In AZ, I have joint custody of our 16 year old daughter. Six months ago I moved in with my boyfriend and now daughter refuses to come live with us during visitation times because she feels my boyfriend drinks too much and doesn't like him. She hasn't been around drinking in her life so anyone who has 1 drink "drinks too much". When I have asked my ex to support me in this by reminding her how important a mother/daughter relationship is his reply has been "This is between her and you and I can't make her". There has never been any child support paid, nor asked for by either of us. Now my ex has filed for establishment of child support since she is with him 100%. I just told him that visitation needs to resume and I expect her to be at our normal pick up spot this Thursday like usual and if she is not there I will file a police report. Help me, I just want my daughter to be with me 1/2 time. Please advise, thank you
1 Answer from Attorneys
Every parent has an obligation to pay child support. Your daughter is old enough to figure out where she wants to live -- if the court had to decide this issue, your daughter's preference for living at her father's house might influence the court. You have a right to have parenting time and to have the current court order enforced until it is modified. You can of course file a police report if your daughter is not at the pick up point for your parenting time. It sounds like you ... your ex... and your daughter might benefit from family counseling. That is a option to paying attorney fees to work out a problem that will resolve itself when your daughter turns 18. The decisions you make today are going to impact your relationship with your daughter in 2 years and for the rest of your lives... when kids do not want to live with a parent and the parent's chosen mate, there is a reason for it... and it might make sense to look at it from your daughter's point of view... she does not want to live with your boyfriend... your boyfriend is your choice... not your daughters.