Refusing visitation.

 

            Posted on Jul 22,2007  

            Refusing visitation.

Q. When I got divorced I got primary physical custody of our 10-year-old daughter, Cheryl. My husband got alternate weekend visitation.

At age 12, Cheryl refused to go on visitation. My ex filed a contempt complaint against me. The judge said I'd be in contempt if Cheryl didn't go on visits. For the next two years Cheryl only went on a few visits.

Cheryl, now 14, refuses to visit her dad. He filed another contempt against me.
Will the judge send me to jail?

M.A. Rockport

A. You're not in contempt because this is a Cheryl vs. Dad problem. But, file a complaint for modification asking to end visitation. Also ask the court to appoint a guardian ad litem and an attorney for Cheryl. Then, step back and let the GAL and Cheryl's attorney do their thing.

Since your daughter is old enough to get pregnant and get an abortion without telling her parents, she's old enough to decide who she wants to visit and when. Even if Cheryl's reasons aren't great, the judge isn't going to put her in jail if she refuses to visit her dad.