Weigh of child Psychologist in custody hearing.

[pupylovr]

I am fighting to stop visitation between my daughter and her father.  He has not exercised/or tried to exercize  his parental visitation rights in a year and a half.  He does not call, send cards or letters or anything at all.   My daughter is 12 and does not want to see her dad at all.  He didn't believe her/called her a liar, then blamed her about his father (my daughter's grandpa) molesting my daughter.  He has also stated to her, on more than one occasion, that he wants to give her up for adoption. 

I have filed a motion based on a letter from my child's psychologist.  She has been seeing my daughter for 4 years and knows her very well.  The psychologist is one of the top in the state and works for one of the best facilities in MN. 

The psychologist states there should be no contact with her father based on many previous problems between the two of them.  Mainly issues where he has called her horrendous names, not allowed her to use the restroom when needed, now calling her a liar about what she said about his dad and that she shouldn't have been in his room to begin with - all kinds of things like this.  He has turned her half brother against her, so now she has lost her brother.  THe psychologist went so far as to say that she does not suggest even supervised visits untill Her father can get some kind of evaluation that shows he can see that she was the victim and empathize with her. 

How much weight does a psychologist's opinion carry in a situation like this. 

Two other things - he lives with his dad the sex offender and his girlfriend who has recent drug and alcohol felony convictions.  Please help.  I'm really nervous about everything.  Worried that stirring this pot will make him try to see daughter and make things incredibly stressful for her.

[ocean]

That is my question to you..why are you stirring the pot? If he already does not exercise visits then leave it alone. She is already 12..few years and with the pych on her side if he tries you will have it covered.

[pupylovr]

I am stirring the pot because I have 4 step children who ended up wittnessing the last time he decided he wanted parenting time.  I told him no and he brough the police with him to my front door.  None of my 5 children should have to witness any of that ever again!!  This will hopefully remove the drama of him being able to call the police when my daughter refuses to go with him., in fact crying and begging not to force her to go.  Grabs hold of her step dad and beggs him to hold her so tight no one can take her from him.  It is a terrible and heart wrenching scene to watch and have to take part in.  The real little ones don't know what to do but cry, because their big sister is obviously in major distress.

[ocean]

You stated he has not tried in a year in a half? When was the last time he came to your house with the police? If it really was a year and half, dont you think he tried the last time, failed and has not returned?

If he is still coming but she is not going, that is different. Until you can prove he is unfit he will not loose his rights. They will assign a GAL for daughter that represents her rights and father may request own therapist review. You will need to prove all the accusations and the therapist cant say much on the stand that happened in therapy, just her suggestions. Also, until you change the orders, and he has police reports you are in contempt of court. If he is still coming around, you need to change the order. YOu cant tell him no and go against a court order.

So it really depends on what the father is doing right now. If he pushes to see her he probably will get at the very least supervised.