How to contest a modification of custody filed by non custodial parent and is alienating and refuses to let me see or speak

Asked 7 months ago - Dallas, TX

My ex is coersing and bashing me to my daughter while she was upset with my discipline in taking her phone away Now I have been served with a petition to modify parent child relationship and motion for judge to confer with Child. While bashing me and alienating me refusing my current order my daughter who is 14 is caught in the middle of this emotional trama! I need to know what to file in my answer how do I contest? Contempt? Parental alienation? Enforcement Motion? Writ of attachment ? O and I failed to mention he wasn't involved until I filed for child support in 2012 and he tried this after his visitation last summer also refused to keep her Feb 1 bc of her attitude and blames me for everything instead of being involved

Additional information

I want to see and speak to her what can I do

Attorney answers (3)

  1. Maria Sara Lowry

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Hire a lawyer. You will need one.

    Get your daughter into counseling ASAP. She should not have to deal with this and will need objective guidance.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  2. Sherrie Haussner Travers

    Pro

    Contributor Level 14

    Answered . If you are custodial parent, has he just refused to return her to you? In that case, your attorney will likely file motion for enforcement coupled with a writ of attachment.
    If there is a question about alleged parental alienation, then your attorney wil llikely ask for an amicus attorney to represent the BEST INTEREST of yout daughter.
    All of the ideas above require that you have an attorney.
    If you do not, then please consult with one on Monday.
    This is too much to handle alone.
    Good luck!

    Any communication through the AVVO site with Sherrie Travers or any individual member of the firm, Travers &... more
  3. Dorothea Elaine Laster

    Pro

    Contributor Level 19

    Answered . You need a Family Law Attorney. I stay away from amicus attorneys, I think do not have sufficent (or any) training or accountability, and they can't be cross examined. In my opinion, they usually do more harm than good, often working out their own childhood issues on your family. I suggest counseling for your child, because the counselor has relevant training and can testify about what the child says and can be cross examined. In Dallas there will be a social study the purpose of which is to determine the child's best interests. You must file an Answer to prevent a default judgment being entered against you. If the current custody order is being violated--a Motion for Enforcement (also called contempt) is proper. If you can do it during your period of possession, a Petition for Writ of Habeas Corpus could be appropriate. As a result of the Petition for Writ of Habeas Corpus--the Court will issue a Writ of Attachment. All that said, a 14 year is old enough to say where they want to live, and often flip back and forth about what they want, oblivious to the cost to their parents in terms of money or emotionally. Getting Family counseling ordered can help.

    This does not establish an attorney/client relationship

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