We do not have an agreement for custody and are divorced. My 11-year old daughter has not stayed with her father in the last year bc she is afraid of him and he has not forced the issue. Last night he told her that she was going to have to start staying with him 40% of the time and she does not want to. And he told her not to tell me about their conversation.
It’s obviously risky to continue operating without an order for custody in place and I am considering filing for custody. My concern though is in how likely it is he would get 50/50 since there is no obvious abuse. Then she would have to go, whereas now she is not required to. Would her fears be taken into consideration by a judge at this age?