My question involves a child custody case from the State of: IN
Once our daughter turned 13 my ex decided to tell our daughter that it was her decision when and if she wanted to have parenting time with me. Consequently I ended up missing my Thanksgiving visitation on her 13th year because she refused to come and her mother told me she was old enough to make that decision.
In the end I fought against it. We mediated in my attorney’s office. Three hours later, 6 tape recorded conversations and her firing her attorney as they walked outside of my attorney’s office. I was able to get the next two Thanksgivings plus her to admit that she did not facilitate visitation.
Now at 15 they have come up with a new ploy. Supposedly our daughter has acquired her own attorney with the help of maternal grandfather. Plus my ex told me that the attorney told our daughter that she does not have to have parenting time with me anymore. That she herself is not refusing me visitation and that she has talked to our daughter about the fact that I have my rights and that she needs to respect them. Right!!!! Then I asked her if she knew why our daughter did not want to come with me. I asked her if it was my wife and she said that’s part of it. She said you know what the problem is and you know how to fix it.
I asked her if the attorney was going to contact me and she said no. Then I said is he filing paperwork in court and she no.
I stood there and our 15 yr old told me as she stood in her mother’s living room that next year she could just tell me to F off and she did not have to go with me. Weird I thought the attorney told her she didn’t have to go now????
I know that our daughter is mad at my wife and I because we found out the her boyfriend is trying to get her to do things we do not think is in her best interest so I have curtailed anything between them except for phone conversations. I refuse to watch my daughter being physically groped by a 16 yr old. My wife also had a problem with her when she called my wife a C and my wife told her that she was not going to be called that. Other than my wife telling her that there was no more mention of the instance.
I believe that our daughter is fabricating issues at home with her mother and I have evidence of this.
So I have filed contempt charges against my ex for not facilitating visitation. People use to say that a child did not have the choice at 15 to make the decision to visit the NCP or not.
Now people are telling me that judges will set with them and let them have the right to speak.
I guess what I want to know is do I have the right also to speak to the judge? Do I have the right to let the judge see all of the evidence and then make his decision? My attorney told me that the judge would probably talk to my daughter but without knowing anything about any of us how can he make a decision based on just what she has to say.
I know her mother will say its because of her busy social life or her school activities and then she will bring my wife into this given the chance.
I love our daughter to death but I am tired of the lies and the resentment that my ex has allowed to build up because she had decided its more important to win our child’s loyalty then it is to parent her.
So I need some advice her folks. Am I just setting myself up for the fall?