I have primary physical custody of my 13 year old and my ex has reasonable rights of visitation. My daughter has told me recently she doesn't want to go over to his house for the night nor weekend anymore. She's uncomfortable with him drinking all the time. What are my rights? If going over makes her cry being 13 does she have to go? In my divorce papers it says that the two parties shall consult one another on major decision but in the conversation if we don't reach a common ground the plaintiff as the primary physical custody shall have the final decision. Help me make the right call for my baby girl.
You should file a request for modification. She is old enough to testify. She would probably have a talk with the judge on this matter. You may seek an order that grants him no overnights, but a judge will make the final decision.
I agree with Ms. Rouse's response. I would add that just because you have final decision making said authority does not allow for you to change the access schedule. If you and/or your daughter feels comfortable to try and talk to him about this perhaps you can reach an agreement. If not then file for a modification.
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In addition to what the other attorneys have said, have your daughter meet with a psychologist or LCSW. You will need some support beyond what your daughter is alleging, and a therapist can be helpful in getting to the heart of the issue.
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