my x has visitation from Friday 6pm-Sunday 6pm. He just told our 9 year old daughter that he was taking her to AZ for a wedding and she told him no that she doesn’t wanna go. She hasn’t been with her dad in 2 weeks now cause she told him she feels uncomfortable over at the house, it’s dirty and he yells and cusses at her all the time. It’s not safe she says. I as her mother doesn’t want her to go. I was wanting to go to Ca this weekend with her but I know her dad will freak out and say he will call the cops. Does she have to go? Can he take her? I went to family court house today to file a motion to get sole custody of her and supervised visits.
He can take her on a trip for a wedding during his visitation time, including out of state, unless you have court orders that specifically say otherwise. If you do not let him have his court-ordered visitation, you could be found in contempt. You can file a motion to modify custody/visitation, but you are going to need a lot more evidence that what you have put in this post. What your daughter tells you is hearsay. She likely is not old enough to have her preference heard. So you need to find other ways to get your info before the court. I highly recommend you consult with an attorney before you file any paperwork, as you could seriously jeopardize your position if you file a motion that lacks sufficient grounds for relief.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
The father is allowed to take her during his visitation time unless your current order states otherwise. One issue that is brought up all the time is the child's willingness or unwillingness to go to the other parent's house for visitation. Unless, the Court has ruled the child is of sufficient age and capacity to make that kind of decision, the child will still have to be with the other parent for their scheduled visitation. Also, keep in mind that Sole Custody is tough to receive from the Court and the standard you would need to establish is pretty high. I highly recommend that you speak with an Attorney about this. Depending on the facts of the case the outcome could be very disadvantageous for you.
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