My daughter's father just came into her life at a almost 16 years of age. He wants what he wants refuses to listen to what she wants. My daughter's lawyer drew up paperwork that it should be my daughter's decision to go when she wants I agree and signed the paperwork he refuses to sign it. He is controlling has no trespassing order on him and use to have a restraining order on him. He is not a nice man and proves NOT to listen to what my daughter wants. He rushes everything instead of taken it slow its effecting your life and school. Does she have the right to say I am not going? Seems like this Judge gave him everything rewarded him for being gone for over 15 1/2 years because he reward him with everything he asked for and nothing I wanted or my daughter. Can I get all that back child support back if in 2003 her father tried to see her and filed with the courts and then when my lawyer wrote he is to pay child support back to the day she was born he disappeared till now. I did not want her to go if he was working this is his visit and I want what my daughter wants ( he should too) What rights do I have?
If you have a lawyer who is familiar with the details of the situation and with all the filings, that lawyer's advice will be much better than our guess.
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The stated preferences of children aged 15 or 16 are given greater weight by the court and are received either through in camera interview, ARC counsel, a family service interview or guardian ad litem. Given the facts presented here, I cannot imagine a judge enforcing parenting time against the child's stated preference or holding you in contempt for stepping back and staying out of it.
It is really a matter of having the ARC attorney bring forward a motion seeking suspended or curtailed visitation if he or she believes that is what your child would like. The ARC Attorney is the child's advocate. You can file a Motion for a Guardian ad litem investigation and recommendations on the child's best interests. Do you have counsel? What does he or she advise? If you are pro se consider hiring counsel. The Court seemed to ignore the long history of his non-involvement which is surprising. Did you obtain a child support order?If he did not pay he would be in arrears and you should adddress this with DOR Child Support Enforcement. Or did you serve him with a complaint seeking child support in the past? Was this an unmarried rather than through a divorce case? Bring this information to your attorney's attention as it may be possible to obtain retroactive support.
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