Location: West Virginia
I (34m) have primary and majority custody of our daughter who is now 10. The schedule is during school i have every weekday and the 3rd weekend of the month, her mom (32f) gets the 1st, 2nd, 4th, and 5th weekends of the month.
The last 3 days our daughter has been arguing with her mom about not going this weekend and that she doesn't want to go or see her mom this weekend. Im of the belief that it should be our child's decision as the parenting plan was put in place after my ex moved 3 hours away in early 2023. My ex doesn't care (her words) what our daughter wants as it is her scheduled time and so our child needs to be there.
I messaged her last night telling her I would not be at the meeting spot today and that our child is forgoing her weekend with her mom, and finally that I would meet her on the next scheduled weekend.
Due to this, her mom is threatening to contact the cops and an attorney if im not there. The thing is, she has set precedent because since April our child finally got the courage to stand up and tell her mom she didn't want to come, usually one weekend a month. (This after her mom disappeared for 3 weeks and was not there and supposedly on the run from the cops with her husband) Some months my ex was fine with her weekend being forgoed but she has never said no it wouldn't be, she would always manipulate and guilt trip our daughter into coming up.
My question is, can I keep our daughter here this weekend under our daughter's choice and not have to worry about jail time or amber alerts or anything else? Or do I have to force our child to see someone she doesnt want to see?