Legal Question in Family Law in California
If my 11 1/2 year old daughter doesn't want to go see her Dad on his court ordered weekend because he talks badly about me (her Mom) directly to her, he yells at her, and she's scared he is going to get mad at her & hit her. What can we do legally? Since she is scared of him she can't go directly to him in person or on the phone to tell him that she doesn't want to see him until he understands to stop these poor actions, I requested she be represented with Minor's Council, and the Judge approved it. She's had Minor's Council for the past couple of years. Her Dad's actions are still happening, she has talked to her council about several issues, but when it changes things it makes his actions worse. He knows that our daughter's the only one that would know what he had said. So he knows she's the one that told her council on him., It feels as the Judge, and 3 attorney's are so blind to what is going on, and is not protecting my daughter from the abuse that I lived with from my now ex. Can you please let me know advice on what I can and should do. Thank you, Kathy
1 Answer from Attorneys
I assume that your daughter and you have not directly stated to the judge and the attorneys what is actually occurring, or they would do something. Tell them and ask that his custody rights be suspended until he can show that he will stop his behavior [go to anger management classes, not see her unless another adult is with them, etc.]. Your daughter needs to e-mail him or write a letter to him explaining in detail why she does not want to see him and her fears that she will take his anger out on her. You might also ask for an adjustment of child support since you will have her full time.
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