The custody agreement is 2 weeks with me and 2 weeks with him. She is supposed to go back tomorrow. Her step mother and her are fighting to were they are getting physical. We have already had 2 PF AS on her. That got dropped do to them going to counseling. 2 yrs of counseling did not help the situation it is just getting worse. My question is if she does not go back to his house tomorrow. He would have to go file out the proper paper work for us to be in contempt correct
Only a Judge can hold someone in contempt. In Order for a Judge to consider contempt, a Petition would have to be filed.
No Judge is going to expect you to drag a 17 year old to father's car, but the Judge would expect you to encourage your daughter to go with her father. In this type of situation, I often recommend to a client that she allow the father to attempt to get the child to go.
If your daughter does not go, you should probably file a Petition to modify the Order and beat the father to the filing. Talk with your custody attorney to understand how the Court will likely handle this in your area.
This answer is for informational purposes only and does not establish an attorney/client relationship.
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