She is very uncomfortable at his house and feels like he doesn' "like her anymore". She has tried to talk to him about it, but he says he doesn't want to talk about it. This is a common action of her father, which is why we are divorced. He is mentally and emotionaly abusive. He says several times during a day that our youngest daughter is " the good child". She is currently at his house for the whole month of July and wants to come home. Can she refuse to go with her father?
The court order will stand, unless you can get the court to change it. Judges are not so keen on ordering 17 year olds around, but this should be the last summer, yes? And only 3 days left, 1 on Monday? You could not get into court in time. Ride it out. Move on, since the ordeal is nearly over.
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Until she turns 18, she has to abide by the court order and you have to do all in your power to encourage her to do so . If she doesn't, and her father files contempt on you, it's you the Judge would put in jail, not her.
That said, like the other attorney stated, Judges don't like telling 17 year olds what to do, and they realize that you can't bodily put a 17 year old in a car, but they expect that the court order be followed all the same.
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I somewhat agree with the other lawyers from Texas that answered your question. However, when a child reaches 17, they can walk out of the house and you will not be able to do one thing about it. If your daughter refuses to go, she tells her father she is not going to go and explains why, I can't see a Judge in Texas holding you in contempt. Although I do not know all that has happened in the past, barring anything unusual, I do not think you will be held responsible for a 17 year old child's actions. If there is a history of contempt or refused visitations, my answer might be different. I can not tell you how Judges in all jurisdictions in Texas respond to this issue, but my experience tells me that you are on safe ground as long as you are not instigating the refusal or encouraging that kind of action. In fact, I would encourage you to try to convince your daughter to discuss the situation with her father. In the long run, if she and her father could resolve their issues, she would be much happier. If that is not possible, at least she can say she tried. Maybe her father will realize that having a good relationship with his daughter(s) is worth the working and effort to make it happen?
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