Legal Question in Family Law in Georgia
Child doesn't want to visit
After a rather lengthy court battle, my ex wife was found in contempt for not allowing visitation. Now for retaliation, she has manipulated my 6 y/o daughter into feeling guilty for coming during visitation. My daughter is now saying she doesn't want to come, and when she is here, she wants to go home. The thing is, while she is here, she has fun and is fine. My ex tapes all calls and exchanges of our daughter. She is clearly trying to build a case. My question is, Can my visitation be taking away simply because the child says she doesnt want to come? What steps will my ex have to go through to attempt this? I also explained to our daughter that 'not coming' is 'not' an option. Am I right? Can I enforce my daughter to come? I feel like my ex is exhibiting textbook PAS. What can I do?
2 Answers from Attorneys
Re: Child doesn't want to visit
These are the worst kind of cases. Your daughter has no choice in whether or not to visit with you. What your ex-wife is doing is horrible. There is very little you can do without going back to court, unfortunately, the court can't order your ex-wife to be a decent human being. Also, taking her to court will force her tom come up with more creative ways to alienate you. The best thing you can do is be the best loving parent you can to make your daughters visits a positive force in her life. If you do have to take her back to court, try to have ordered a parent coordinator.
Re: Child doesn't want to visit
Your daughter is not yet of an appropriate age to decide whether or not to visit with you. There is not much you can do about the way your ex is reacting, which is very damaging to the child. I would suggest that if her behavoir doesn't cease that you consider seeking joint physical custody with the minor child which may be in her best interest. You should consult an attorney in your area for more information regarding joint physical custody. Good Luck!