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I am assuming you mean you both have custody, but your daughter lives with her father most of the time. Joint custody is just that ... you each get a chance to be with your daughter. I suggest you get the story straight as to why your daughter does not want to see her father. Divorce is very hard on children as I am sure you know, and they can "act out." If house rules are set by one or both parents, even 12 year old can feel "put upon" and become very dramatic about it all. According to young children of this age and even into their teens some don't feel they have to abide by any house rules. Then the trouble starts. Be clear as to why your daughter doesn't want to see her father. Sit down with her and have a good discussion and go from there. If you feel your daughter has good reason for not wanting to stay with her father then I suggest you see a lawyer and (legal aid will help if you are living on a small income) and fight for sole custody through the court system. Be sure you have that talk with your daughter and get the facts, because changing custody can be a long and grueling process for both parents and tough on your daughter. If you still can't get anywhere through this process, then I suggest (only if you can prove any allegations such as physical abuse or sexual abuse) through the media. The media can be a pain in the butt at times, but there is the good side to it as well. Beware if you go through the media, because your life won't be your own and you could be dragged through a media circus or word could leak out to family and friends, and it could also be tough on your daughter as school.

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Q: What can be done about a 12 year old daughter who you have joint custody of but father has physical custody of tells you she is afraid of her father and DCS wont step in and do anything about it in TN?
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Your daughter wants to come and live with you but her dad has full custody and says no what step do you need to take next she is 13 yrs old and says she is afraid to go home.?

Petition the court that granted him full custody for a modification of the custody order. You will probably need an attorney.


I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?

You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.


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