Neenah, WI asked in Family Law, Child Custody and Child Support for Wisconsin

Q: Does my daughter have to return to her father's if he violated the custody agreement and she is uncomfortable/ stressed?

My 14 yr old daughter (starting 9th grade) has made it very clear that she does not want to be at her father's, due to dismissal of feelings and uncomfortability with stepmother and manipulation to go live with them out of state. She has missed her monthly period due to stress of being there for the summer and only being granted to see us for 2 days by her dad. Her stepmother has violated private conversations between my daughter and I, and speaks down on my daughter, e.g., she stated she was looking to foster a child to replace my daughter when she goes to live with us (my daughter saw school counselor that week about the statement made). Dad never shows up to pick daughter up/drop off (have requested he comes with multiple times). Dad and stepmom refuse to let her play volleyball which she has shown interest in for couple years, unless she lives with them. Dad has not been UTD on Child support ever. I am very uncomfortable with having to bring her there with the way she is feeling.

1 Lawyer Answer
Jane E. Probst
PREMIUM
Answered

A: You should consult with an experienced family law attorney in your area. To modify placement, you will need to prove facts that establish that there has been a substantial change of circumstances since entry of the current placement Order, and that a modification is in her best interests.

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.