Legal Question in Family Law in California
my friend's parents are divorced. she was molested a couple weeks ago by her mother's boyfriend. She does not want to contact the police because she is afraid her father will then get full custody of her and she will never see her mother again. Her mother broke up with her boyfriend after learning about what he did to her daughter and threw him out of the house. Is it true that she would not be able to see her mom again if she reported the abuse?
2 Answers from Attorneys
No, not true at all, unless her mother knew and did nothing or otherwise permitted it to happen. If she and her mother do NOT call the police, and her father finds out, however, THAT could result in the mother being found unfit.
Your friend should tell the counselor at school. She needs to do this so that she can be protected and she can get the help that she needs. She needs to get counseling, this event can cause emotional problems for years and almost certainly will. The counseling will minimize that trauma. Since her mother appropriately protected her, by kicking out the boyfriend, they would not remove her from her mother's house. I am assuming you are both teenagers (your message sounds quite mature) she would have a right to talk to the judge, directly, so say she wants to stay with her mother. Good Luck, to you and your friend. Pat McCrary
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