QUESTION
Florida-My daughter doesn’t want to go to her fathers anymore
Asked on Sep 10th, 2020 on Child Custody - Florida
More details to this question:
My ex husband and I have been divorced for over a year and a half and we have 50/50 timeshare with our daughter (9). My daughter wants to see her father but does it want to live with him. Its to the point it effects her entire life and well being. When she is with her dad she calls or texts me. She tells me she doesn’t want to be there or come save her. She has been seen by 3 therapists. Her school and teachers are also aware and try new things with her. When ever I drop her to her dads or when we transition at school she throws a tantrum, cries, has to be restrained etc. because she doesn’t want to go to her fathers. She doesn’t think her dad loves her and that he doesn’t like her. She get panic attacks going over there. In my heart I know he’s not mistreated her but he was mentally abusive to me and I know he does the same with her. That’s hard to prove though. I’m at my wits end. I dont know what to do.
1 ANSWER
Dear Anonymous:
You have a very difficult situation. You state that your daughter has been to 3 therapists. What do they say is the underlying cause of your child's behavior in not wanting to see her dad? You can always file a Supplemental petition to Modify Timesharing. There are approximately 26 factors the court looks at to determine a change in timesharing However, before you start down that journey I would suggest that you obtain professionals who will be able to testify that it is in your daughter's best interest to not spend as much time with her father. Once you file for modification you will need these experts on your team. The Court could also order psychological evaluation of your daughter and her father, and even you, to determine if timesharing should be changed. Or there could be a social investigation done. All of these are very costly procedures. So get your ducks in a row before you begin the court procedure.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Answered on Sep 11th, 2020 at 12:25 PM