The mom has supervised visitation, but doesn't take advantage of it because she won't find a supervisor for her visitation. She texts (not calls) constantly asking me to tell our daughter that she loves her and to ask our daughter to call her. I pass on the messages and have given our daughter full access to my phone to call her mother any time she wants, but she refuses - she does not want to talk to her mom, period. Daughter is 11, and I have custody because the mom has many issues related to violence, drugs, mental disorder, instability, etc. We are going back to court next month for a hearing to determine whether the current custody order will remain in place or if the mom will get unsupervised visitation. I don't want to look like I'm denying her access to her mom. What do I do?
Real Estate Attorney
if you are going back to court, it seems that you have an attorney and you should ask these questions to your attorney. I urge that direction because your attorney knows what is going on and we attorneys answering here do not have all of the facts.
Family Law Attorney
Generally the courts look with disfavor on a custodial parent who doesn't encourage or require the child to stay in contact with the noncustodial parent. Fostering a good relationship with the non-custodial parent is one of the factors under Civil Code Article 134. If your daughter has a good reason for not wanting to speak to her mother, your safest option is to take her to a counsellor, social worker, or child psychologist she can speak to about it, who can then present this information to the court. Otherwise you run the risk of having your explanation excluded as hearsay at trial.
1 lawyer agrees
Workers' Compensation Lawyer
As mentioned it sounds like you have an attorney who will have a better command of the facts and evidence. I do agree that it will be helpful for your daughter (and your case) to have her discuss the issue with a counselor or social worker.
Don't forget to check "Helpful" if I helped you out. This response is not intended to create an attorney client relationship and is based on the limited information available at the time of the response. Before acting on anything stated or referenced in this response you should consult with an attorney of your choosing and go over the specific details of your legal circumstances. My responses are also given in the context of the laws of the State of Louisiana. To the extent this comment involves principles of law governed by another state my comment merely reflects my opinion and should not be considered legal advice.