Legal Question in Family Law in California

I am a divorced, recently re-married mother (of a 14 year old) and things have been getting out of control at her dads house. I usually tend to agree with my ex over my daughter on things such as her grades, an argument, etc. but I have recently noticed my daughter's depression level rising everytime she goes there. Both my daughter and I are beginning to wonder if it is possible, legal, and quick to have her divorce her dads' side and stay with me 24/7. The only problem however, is that he has all of the money and pays for her child support. Is there a way that she can see him as little as possible and still earn the monthly child support salary (including 2/3 tuition to her school)?


Asked on 5/14/12, 4:09 pm

4 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

The deeper psychological issues affecting your daughters relationship with her father deserve to be explored. I suggest family therapy to address this issue and if a therapist determines daughters mental state justifies limited contact with her father, file a motion with the court requesting this relief. If father has a reduction in timeshare, it may also be appropriate to request a support increase.

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Answered on 5/14/12, 6:11 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

She cannot divorce her father no more than she can divorce you. How would you feel if the shoe were on the other foot? You may want to take a step back a minute and think about what message you are sending your daughter about being manipulative to get people to pay for things. Take this as an opportunity to help her learn a lesson that will benefit your daughter throughout life and teach her to deal with the issues with dad, rather than running away.

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Answered on 5/14/12, 9:50 pm


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