(Response to attorney's question is below): CT divorced parents have joint, legal custody, 11 year old child resides exclusively with mother. Father has visitations days and times outlined in the legal divorce agreement/parenting plan. If the father elects to not see the child at all, is this simply a matter of him not exercising his right for visitation or is it considered contempt, that he is not taking the child for the days outlined in the Agreement? Father also has specified school vacations in which to provide the care for the child and does not do so. *Note that the father's new wife has verbally assaulted the child and the child refuses to go to the father's home, but desires 1:1 time with her father,
Attorney Response & Question: Rosenberg, Miller, Hite & Morilla, LLCYou are not going to file a Motion for Contempt as a result of his inactions, nor do I believe a court would grant it. However, it does sound like a civil conversation should occur between the parents and child regarding the arrangements. I am sorry. In what way did the new wife verbally assault the child?
Answer to attorney question: The wife (girlfriend at the time this occurred) called the 11 year old “a little bitch crybaby” (she was asking to go home Xmas day to be with her older siblings who were home from college out of state, she has diagnosed anxiety she takes a prescription for and father & girlfriend refused to let her return home. Girlfriend also highly critical of child’s clothing, table manners, etc. and has told her in the past she is lying…while confronting her in a public place.
1 Answer from Attorneys
I am sorry that you are having difficulties with the situation you seem to be in. I do not believe that an attorney can help you in this situation, at least not yet. I wish you the best of luck and happy holidays.