Q: Can I refuse visitation if I think my daughter would be exposed to domestic violence and has been exposed recently
My daughters father has been abusing his girlfriend in front of our daughter. I got called to come remove my daughter from the home when he got arrested for domestic violence and bring her to Kentucky to live with me. My daughter is scared to have a visit with her father for fear of the abuse she has witnessed and refuses to go. What can I do? Should I file for emergency custody to get things in writing? Custody has not been changed on paper but there is a verbal agreement and she is enrolled in school here now. I am scared for my daughter and I also don’t want to violate a court order. What can I do?
A: You have to balance your fears with the court order. If she’s really at risk, you can decide to withhold visitation. If the court determines it’s a ploy to deprive visitation, it’s contempt.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
