Family Law

Asked 10 months ago - Malibu, CA

My daughter is 10 and resides with her wealthy dad and his wife. He recently told the Judge that our daughter told him she wants to have my visits monitored after a Judge just removed my monitored visits 3 months ago! Her dad refused to go in half on the monitor, he then pushed for a monitor, even more so did his wife. I feel my child is being coached to please her dad! I asked her did she say she wants a monitor again and she said "Yes". I asked her "Why"? She said "I like them". What is the resolution to this issue? I told her if the you tell the courts you want to go back to having a monitor, then I will not be visiting her anymore. I can not afford it!

Attorney answers (3)

  1. Talitha Davies Wegner

    Pro

    Contributor Level 12

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    Answered . The court will consider the best interests of the child . You do not state why you had monitored visitation before. If there is reason for supervised visitation and it is in the child's best interests, you will need to explain to the court that you are unable to afford the cost of the monitor. You can request that the court consider the relative earnings between you and the father and assign the cost of supervised visitation to the father. All of these issues are fact specific and the court has a great deal of discretion. Since you have not provided details about the circumstances leading up to the monitoring, it is difficult to give you additional guidance.

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  2. Tobie Brina Waxman

    Contributor Level 18

    5

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    Answered . "I told her if the you tell the courts you want to go back to having a monitor, then I will not be visiting her anymore. I can not afford it!" With all due respect, I think that's as much an act of manipulation or coaching of your daughter as what you are accusing your ex of doing. Suggesting that you would forgoe visiting with your child if you are forced to have visits monitored will not help your case at all.

  3. Bernal Peter Ojeda

    Contributor Level 11

    5

    Lawyers agree

    Answered . Discussing the case with your 10 year old is wrong. Don't discuss it at all. Manipulating your daughter by telling her you won't be visiting anymore if there is a monitor is hurtful to your child. If anything have the court order you and your child into con-joint counseling to work through this. But stop using your child as an object that you are willing to dump if things get difficult. You should take a parenting class and get counsel.

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