Legal Question in Family Law in California
What do I do
My 16 year old daughter was living with her father for the past year because she wanted to stay near her boyfriend and graduate with her friends even tho i have full custody of her. I told her she could finish the year out(because she promised she would give me no trouble bringing her back with me after the end of the school year). The poast year has been hell.Her Father has refused to let her call me or even e-mail me on the internet. He doesnt have a home phone and he doesnt even provide for her. SZhe now is living with her boyfriend because her dad and his weird girlfriend (both who are oviously on drugs ).are living in a trailer in the backyard ofd her bopyfriend s house. I have her down with me this weekend and I dont want her to return--she of corse is furious with me. I am frightened for her safety and well being--if she calls them to p[ick her up--what can I do
2 Answers from Attorneys
Re: What do I do
If you have an order or judgment giving you custody of the minor then the police cannot remove the child from you. You should keep the order/judgment handy.
The father can then file a motion to change custody and you will then have an opporunity to respond, providing all details re: living accommodations, boyfriend etc, etc.
However, your problem is probably more to do with your relationship with your daughter rather than one for the court. You need to sit down and have a full and frank discussion with your daughter regarding the entire matter. Explain the inappropriateness of a 16-year-old living with a boyfriend. It may be a good idea also to arrange counseling for your daughter - perhaps you may care to join in the counseling.
At the end of the day, if you need legal representation, please feel free to call us and ask for Pam. Pam will be more than happy to discuss the matter with you. Hopefully, you won't need us.
Kind regards,
Damian Nolan
Re: What do I do
If you have the court order giving you custody the police will not assist her father getting her. However, you may have a problem with her because she wants to return to live with her boyfriend. I doubt that the court will support her in returning to live with her boyfriend. If she stays with you, a meeting with a counselor tommorrow would be helpful in overcoming the rift between you and your daughter.
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