My 8 year old daughter cries and gets depressed when she has to visit her father. She hates going to visit him. He has every other weekend visitation. He does drink excessively and my children come back looking extremely un-kept. I learned that he does not provide her with pajamas or a toothbrush. I need some advice to the next step in my process because I hate that she goes through this.
Sounds like you need to file for a modification. If you stop sending your children on visits you can be held in contempt if a judge rules that the denial of parenting time is intentional and malicious on your part. A modification is essentially a request to the judge that the parenting plan and decree be changed to reflect the current circumstances.
You might also consider calling CPS if your children are telling you that their father is intoxicated and unable to care for them.
I am a licensed attorney in the state of Nebraska. However, the advice I give here is not to be taken as legal advice. It is merely my opinion based on the limited information given. In order to assure that your legal rights are being properly represented I would always recommend going in for a consultation with an attorney to explain your case in detail and answer any questions the attorney might have.
There isn't a specific age that a child can refuse visits. The Court starts to give more weight as to where a child wants to live the older the child gets. The court generally doesn't give a second or third grader much weight as to whether they want to attend court-ordered parenting time or not. If a child is being neglected, you have a duty to report such to CPS, although I'm not saying whether what you describe would be considered neglect. If you want the parenting time changed, you need to file an action to request the court change the court-ordered parenting time. If the child fails to attend parenting time and the other parent brings a contempt action, you can even be sentenced to jail time for violating the court order granting parenting time.
Although I am an attorney practicing law in Nebraska, the answer I provide is for general purposes only and does not establish an attorney-client relationship. If you need legal advice, you should contact an attorney who will discuss with you the specific facts of your case.
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