My daughter is about to 15, and her biological father treats her, and talks to her horribly. Calls her foul names, and talks terrible to her about her loved ones (whom he doesn't like, including me) doesnt support her sporting events or employment ( she works on a horse farm to pay her board on her own horse )and hasn't been "active"in her life at all since 2014. ( other than court ordered every other wknd which out of the 48 hrs she's there, he's there on average 6 -8 hrs if at all while she's awake) She has terrible anxiety going there every other wknd, he was court ordered for counseling with her in 2015, and has never once gone. Can I petition the courts to lessen his wknd placement? Or do I need to request a gaurdian ad litem to do that?
if he isn't exercising his court ordered visitation, you can petition under the custody revision statute under the so called "use it or lose it" provision, and have his placement time taken away. The other issue is regardless of what placement he may have, if he is emotionally damaging your child, perhaps his placement should be restricted or supervised.
You can file a motion for reducing his time based on the fact that he hasn't done the required counseling.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
If he has not fulfilled his court ordered obligations such as counseling, you can request that he be found in contempt. That will strengthen your argument that he should have less time. Also, you can request that he lose the court ordered time that he is not exercising placement. Further, now that your daughter is older, the Court will be more willing to listen to your daughter's wishes, even if it is not bound to them.
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