Legal Question in Family Law in California

Minor Child refuses to come home

I recently moved and my daughter stayed w/ my mom to finish school. Throughout that period on several occasions she threaten to do whatever was necessary to make sure she stayed @ g-ma's house. Now she refuses to come home & my mom is siding w/ her, to the point of filling out papers to let her live there 4 good. Nothing has been filed yet, & I am the legal custodial parent, how do I remove her from my moms house? Should I call the local police?


Asked on 7/05/02, 10:53 pm

3 Answers from Attorneys

Edward Lindley Edward Lindley, Attorney at Law

Re: Minor Child refuses to come home

Gee, do you think it might have been helpful to tell what her age is? You crtainly happear thave the lgal right, inasmuch as it is unlikley that your Mom has any legal right. However, the facts tend to suggest that she may be a teenager. A 14 year old teenager is like a 14 year old gorilla. They will live where they want to live. Do you want to win the "tug of war" and then have her picture on a milk carton? Why is your daughter taking this position? Counseling?

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Answered on 7/06/02, 8:34 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Minor Child refuses to come home

With a certified copy of the custody order, you should be able to get the police to assist you in getting custody of your daughter. However, that will not solve your problem with her. You should also arrange for joint counseling with her to resolve the problem.

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Answered on 7/06/02, 12:54 am
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Minor Child refuses to come home

You should be able to get the police to help you get custody of your daughter back with a copy of your custody order.

I was curious, how old is your daughter. If grandmother attmepts to fight you for custody and the child is old emough (14+) the court may take her wishes into account. However, you are the legal custodial parent and should be able to regain custody. It sounds like to the daughter does not want to move away from her old neighborhood or school. I would also suggest that you seek joint counseling with yourself, duaghter and grandma.

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Answered on 7/09/02, 5:56 pm


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