Legal Question in Family Law in New York
daughter refuses to go with father
mother has joint custody but not physical custody.daughter refuses to go back to fathers due to his girlfriend and her daughter, so she has been staying with me. i am going for custody...does this hurt my chances of winning by her not going back.
3 Answers from Attorneys
Re: daughter refuses to go with father
Generally, the court will espect the custodial parent to tell the child that she has to visit with the father. Otherwise, you may be accused of parential alientation.
You do not say why she is refusing to visit.
These cases are very fact specific. Suggest you consult with an experienced matrimonial attorney.
I practice in NYC and Long Island.
Re: daughter refuses to go with father
Much depends on the age of the daughter, her level of competency for making decisions and the nature of the spcific circumstances. What does she object to about the father's girlfriend and her daughter?
Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699
Re: daughter refuses to go with father
Court only looks at what is in the best interest of the child. If you are influencing her not to go back or talking badly about her father, this could hurt you. Since you didn't say how old the child is I can not advise you further.
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