Legal Question in Family Law in Georgia
I have a 12 yr old daughter that doesn't want to go over to her fathers house and her fathers wants me to force to go over there but I'm not going to force her to go over. Her father is trying to hold me in contempt for not forcing her to go to his house on his weekend visitations. Can someone help?
3 Answers from Attorneys
The parents tell the child what to do, not the other way around. The 12 year old child's likes and dislikes certainly do not control a Judge's Order on custody and visitation. If a party chooses to listen to the child and not the Judge, the Judge likely won't have a problem fixing the situation.
The father is right in this case and you risk losing custody, or being found in contempt (which could land you in jail or result in other serious consequences). You have been ordered to do something by a judge. That's not optional. Certainly your lawyer has already told you that.
If you believe there is abuse or other harm to the child, you need to first take the child to a medical professional regarding the issue. Thereafter, you can move for a protective order and use the professional's testimony in court. However, the child cannot determine on his or her own that she doesn't want to visit the noncustodial parent. It will be assumed that the custodial parent has undue influence and is otherwise interfering with the visitation.