Legal Question in Family Law in Massachusetts
Child visitation she refuses to go
mY DAUGHTER IS 11.5 YEARS OF AGE, SHE REFUSES TO GO TO HER FATHERS ON SUNDAYS,SHE SAYS THAT SHE WILL LOCK HERSELF IN HER BEDROOM. WHICH MADE ME CUTIOUS AS TO THE REASONING. i TRIED TALKING TO HIM AND HE SAYS ''SHE HAS NO CHOICE'' SHE SAYS SHE FEELS VERY UNCOMFORTABLE GOING.AFTER TALKING TO HIM HE HAS SWORE AT ME ETC... I PRESENTLY HAVE DSS LOOKING INTO THIS BY MY OWN CHOICE, AS WELL AS MADE HER AN APPT WITH A THERAPIST-ANXIETY. I HAVE FILED A MODIFICATION REGARDING VISITATION. ANY ADVISE, WHERE DO I STAND WITH THIS ISSUE.THIS HAS BEEN GOING ON FOR 3 MONTHS, BUT UNTIL THIS WEEK SHE HAS NOT GONE. ANY WORDS OF WISDOM? THANK YOU
2 Answers from Attorneys
Re: Child visitation she refuses to go
It sounds to me that you have all the wheels in motion. Basically, you have taken steps for DSS to look into it and started her in therapy and have filed a motion to amend visitation. Other than that, the only other avenue to take and only if you feel there is something terribly wrong, is to file an Ex Parte Motion (you go into court without the other party present and argue on that day, that there is a true emergency and your are requesting supervised visits, etc.) for change in visitation, but it would have to be a true emergency, not simply allegations. If you have any further questions, you may email me at [email protected]
Re: Child visitation she refuses to go
You have done the right things, but be aware that DSS can come back at you as well. DSS is like the tar baby in the old L'il Abner comic strip, once you are stuck, you are stuck with whatever come along.
You must also understand that the therapist is a mandated reporter, and will have to report anything learned about possible abuse to DSS, not necessarily to you, and it could involve you in some way as well, especially since your daughter felt she could not tell you the reason.
With any luck, her therapist will not have an agenda and will be able to work with your daughter and you and the problem will turn out to be due to her becoming a teenager, which will be resolved as she sees she has control over the situation and gets some insight into whatever the issues are.
If the situation remains stalled, try a different therapist until you find one that works for your daughter. It can take time and many therapists.