HELP!! Visitation/Holiday My Rights??

I am the custodial parent. My ex (not) ex husband. Never married. My daughters dad has visitation set through our local Friend of court office. State mandated schedule. Nothing fancy. This past weekend was Easter. His holiday. His Spring Break. But... there is no communication. None what so ever. So...I assumed that this is his normal weekend. Which is Friday @6pm til 6pm Sunday. Spring break vacation was suppose to be thursday the day school recesses til the day before school recesses again. So...basically about 10 days. So...he never called or anything on that Thursday. So again I assumed normal visitation. every other weekend. He never exercises his holidays or anything outlined in our visitation schedule. He basically picks and chooses. He attends no school activities nothing he is involved with nothing but... these every other weekend visits. My daughter hates it over there. She is afraid of her biological father. Why?? I don't know. She won't speak up. She is left home all the time with 13-14 yr old boys.By the way my daughter is 10. She also is on ADHD medication that he feels she don't need. It's not for him to say. i went to counseling meeting for almost a year to determine if medication was right. Like I said he is not involved at all. Anyways... sunday rolled around and it was getting to be past 6:30pm when she should of been home. So...I called him. He refused to bring her home. She was crying wanting to come home. He is basically forcing her to stay. Can she choose? Is she old enough? So...I contacted the local police and they have no authority and won't do anything about it. It's a civil matter they say. Told me to contact my local friend of the court. Well our friend of court doesn't take phone calls. lack of state and goverment funding. We have to fill out forms and submit them. This cracks me up. Basically they told me that he can keep until a judge signs something stating they can go in the home and remove my child. I am so upset. Should I hire an attorney? I live in the state of Michigan. Can a child actually be forced to visit the other parent?
Can a child choose? Is she old enough? Advise me of my rights as a custodial parent(Full custody)? Please help me!!

[msgny]

If two parents cannot agree you have to get a court order; but judges want both parents involved even if the kids don't want it

i child under the age of 18 can not choose. they must do what the court order says. they can express their preference at a court hearing, but the judge in the end will determine.

[lipscombfamily]

Here in Oklahoma 12 the childs opinion is considered. 13 or older their wishes are granted unless it can be proven that they are in a threatening environment.

[tbyte]

Please cite the Oklahoma statute that says children 13 or older get to decide where they live. I do not believe this.

I am just visiting but here is OK law as far as I know:


In 2002, the Oklahoma legislature passed a law to provide some deference to the wishes of children age 12 or older. The modified statute still provides a gatekeeper role for the court. A judge has discretion to determine if the best interests of a child would be served by the child expressing a preference. Assuming the child's best interests would be served, the court must then consider whether the child is expressing an "intelligent preference." There is a presumption in favor of the choice of a child of age 12 or older. If the court does not abide by the "intelligent preference" of a child of sufficient age, the court must set forth findings of fact supporting the court's decision. The child's testimony may be taken in the judge's office, not in the courtroom.

[tbyte]

Thank you. That is what I've been saying all along. The courts will consider the preferences of the children, but are not bound by them.