Legal Question in Family Law in Florida
enforcing counseling
My brother's daughter is an emancipated minor. He has not had contact with her for almost 3yrs. This is the choice of the daughter (and ex-wife) not the father. He desperately wants to see his daughter and be a part of her life. My brother is suing his ex for money that is due to him, and the ex wife has 4 contempt charges, one of which had 30 days of jail time attached to it. Now that the court date is coming up, the ex-wife has made an offer for part of the money owed, and has offered counseling between the daughter and the father. We don't understand how counseling can be enforced, when the daughter is emancipated. The daughter is emancipated because the ex-wife drove their daughter across state lines to get married a few yrs ago. This violated their custody agreement, and took all parental rights away from the father. This is the reason for one of her contempt charges. We think that the ex-wife is just jerking him around and that the daughter has no intentions of going to counseling with her father. If the law suit is between the father and mother, how can a judge rule that the emancipated daughter go to counseling with her father???
Thank you for your time.
Sharon
1 Answer from Attorneys
Re: enforcing counseling
You are probably right. Unless I am missing something, the daugther, no longer being a dependent minor and not being a party to the suit would have nothing to do with this matter. Furthermore, if this is an action to recover money, I don't see where counseling is even coming in. Lastly, one cannot force an adult to "see" another adult member of the family. If adults want to stay away from each other, they can. It all sounds very sad, though.
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