mardi 20 juin 2017

Withholding Visitation/Modification of Visitation

My question involves a child custody case from the State of: Florida

My daughters father(NCP) has not had actual visitation with my daughter since about 2011. Various reasons including homelessness, incarceration, and drug use. He only made one request during that time which was demanding that I drive our daughter an hour and a half to drop her off and pick her up because he didn't have transportation. Our court order states he is to meet half way. He was on drugs at the time anyhow so I felt she would be in danger if I had allowed her to go over there.

Only this past week has he requested to have visitation. And this was after he called our daughter and threatened her that he would have been thrown in jail and her be forced to live with him, and that he was also calling CPS and her and her brothers would be taken away. She actually had a panic attack that time and has not accepted his calls since. She is almost 15 and has her own phone so she can talk to him if she wishes. At this point, she no longer wishes to have any contact with him and isn't adamant she doesn't spend any amount of time with him.

This past week, he is demanding that I meet him at the half way point next week and if I don't, he says he will have me arrested. I know that he will have to go to court first in order for that to happen so I'm not worried about going to jail. I'm more concerned with him pursuing contempt charges and how to best plead my case(really my daughters) on why she shouldn't have to go. I'm not sure if I should wait for him to take me to court or bite the bullet and file a petition for visitation modification.

Is it possible to have a parenting plan that allows for visitation at the request of the child? At the present time, she gets panicky thinking about having to see her dad and she recently started therapy to help her with that and some other things. Should I wait for him to take me to court? I've handled most of this case myself in the past but at the present moment, I need advice to know how best to proceed. Any help or insight would be much appreciated!


Withholding Visitation/Modification of Visitation

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