Legal Question in Family Law in California

''daughter doesn't want to go''

My husband and I are divorcing after many years of abuse. My daughter (M. 10 yr) was court ordered to spend every other Sat. nt. with her dad. She doesn't want to. I have tried everything I can, inc. bribing her. He does not pay money right now and continues to do things to me in front of M., like cussing, stealing from our home, stealing my car-I now have his. I am facing contempt charges for her refusing to go with her dad. She says she would go if she didn't have to spend so much time with him or overnight. He was court ordered not to drink with her but has been (counselor's report) and just got a DUI, but the judge called this heresay. Why? Is there a way to get a judge to modify the visitations so that they are more what the child wants. M. now has an attorney advocate, but she's kind of a push-over. The mediator agrees with me because she said that children are very fearful of fathers that were abusive to mothers. He also said that judges need to respect that fear or we teach them that that type of behavior is ok. Is there something in particular I can do? I feel that it is my husband's own fault, so I tend to side with M. I don't speak badly of my husband but I do acknowege the situation.


Asked on 9/06/04, 12:00 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: ''daughter doesn't want to go''

If you don'n have an attorney you should retain one. The court should appoint an attorney if you cannot afford to hire an attorney for the contempt charge. You may also wish to have a counselor for your daughter. The counselor could advise the court that she does not wish to visit. You should also meet with her and a counselor. Parents can send subtle messagaes to a child without either intending or knowing that they are.

Read more
Answered on 9/06/04, 5:20 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California