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Court ordered supervised visitation.

Fort Worth, TX |

My 13 year old daughter has been going to supervised visitation to see her bio dad.
She has stated on many occasions that she has absolutely no desire to visit him.
This last Sunday she made it clear to the case worker that she didn't and wouldn't visit him.
We were told that we could leave- so we did. This of course after the case worker said that things are going to get very difficult for me because my daughter has no interest in visiting with her bio-dad.

What are my rights in this situation?
If my daughter doesn't want to see him then she won't see him
Please advise.

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Attorney answers 4

Posted

Your daughter is a child, and she does not get to make the decision about whether she will see her father. A judge has made that decision already. I do not suggest relying on the visitation supervisor's statement that you could leave as a defense to not allowing visitation.

Posted

Perhaps the judge should change custody to the father and see if he can make the child visit you

This is not legal advice and is provided for informational purposes only. NO attorney-client relationship or privilege is created, and none of this is confidential.

Asker

Posted

The father is a convicted sex offender. if my daughter doesn't want to see him...she wont.

Asker

Posted

However, the court order only says that I have to bring her to the center- which I do. The order does NOT say that my daughter has to stay for the visit.

Bryan L. Walter

Bryan L. Walter

Posted

What was the sex offense? how does your daughter know about it?

Asker

Posted

The offense was two charges of indecency with a minor and aggravated sexual assault to a minor. She knew because she herself found his criminal record online.

Asker

Posted

it doesn't matter how she know about it. You make it sound like she has no business knowing what kind of person her bio-dad is. She has the right to know, so that she can make the decision herself to be around him or not.

Bryan L. Walter

Bryan L. Walter

Posted

The offense is horrible, and your apparent anger completely understandable, as well as your view that she has the right to know the truth. However, you will probably have a problem if you ever have to explain to a Judge about how she just happened to find him online, or that you had her best interests at heart when (if) you told her the "truth" about him. Chances are he'll give up, and stop seeing her, in which case your daughter will grow up without a father or a father figure, and that's likely to give you a whole new set of problems to deal with. If the supervised visits are at Family Court Services in the Tarrant County courthouse, I find it hard to believe that any worker would tell you that the only duty is for you to take her there, and that she doesn't have to meet with him if she doesn't want to. You may want to consider a termination of his parental rights, or a modification of his visitation. If he is behind in child support, you may consider an enforcement of that obligation. There are many factors consider in your case, and it is apparently too complex to deal with online. I suggest you contact a family law attorney to discuss your case more in depth. Good luck.

Asker

Posted

My husband wants to adopt. We just want all this drama to end.

Bryan L. Walter

Bryan L. Walter

Posted

it sounds like you may very well be in a good posture for adoption

Posted

Your responsibility is to surrender your daughter to the supervised visits at the time and place spelled out in the order. You do not have the freedom to avoid the order.

Asker

Posted

If my daughter feel unsafe around her sex offender father, It is my obligation as her mother to protect her from an unsafe situation.

Bryan L. Walter

Bryan L. Walter

Posted

Who told her that her father is a sex offender? what was the sex offense? Is he a registered sex offender?

Bryan L. Walter

Bryan L. Walter

Posted

It seems as if you are saying you have the right to violate the court order if you think it's necessary to protect your child. It would probably be impossible for you to prove that here, with supervised visitation.

Posted

It sounds like you may need to have your current order modified. If it is a recent order, then that may not be an option, but I would at least look into it. If it is possible to have it modified, your daughter may be able to confer with the judge and express her desires (although the judge is not required to speak with your daughter). If modification is not an option, for whatever reason, then you are bound by the current court order. Good luck to you and your family.