Legal Question in Family Law in California

can he take a child if the handi capped child requests it?

hi, I have 3 children 1 is handi-capped. I took my ex to court for him hitting my handi-capped daughter and my other daughters refuse to see because of this and my oldest turned him in before she told me. I won sole physical custody but we have joint custody of the girls. My handi capped daughter still sees him because of the court order, and i guess stated to him that she wants to live with him (she forgot that he hurts her)she only asks this if she is made to do her chores here at home. He called me today and said that I have to let her live with him or her will go back to court. I have no $$ because I am unemployed at this time. Can he take her??? Please Help!! Thank you


Asked on 3/25/05, 1:56 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: can he take a child if the handi capped child requests it?

The fact that she says that she wants to live with dad is not controling. The fact that he has physicallly abused her in the past will weigh against him. Also the courts and the court family investigators are familar with the ruse of "if you don't let me do this I will go live with other parent". The courts will not support a child in this type of conduct.

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Answered on 3/25/05, 3:30 pm


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