I have a 14 year old daughter and we have a consent order that is 12 years old. I have not seen her on a regular basis for about a year. I was supposed to get her for my birthday and Father’s Day and her mother let her go out of town with a friend. I want to know what my options are. After a child is a certain age what recourse does a father have?
If you have not been able to see your daughter according to the terms of the court order, then the mother is likely in contempt of court for violating the court order. If no new court order has replaced the order from 12 years ago, then that order is still likely valid and an in full force and effect.
You can file a motion to have the mother held in contempt (motion and order to appear and show cause) and/or you can file a motion to modify the custody order. A custody order can be modified when there is a substantial change in circumstances affecting the wellbeing of the child.
A custody schedule remains in place until the child turns 18, which is the age of majority.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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