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?
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.
Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.
Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.
Written by attorney Patrick Chatterton
As a father, you want what is best for your child. This is especially true during the difficult circumstances surrounding and following a divorce. Divorce is one of the most stressful... more