Legal Question in Family Law in California
I'm seeking advice for a friend who has problems with his troubled 13 year old daughter. He shares custody with the mother of the child but the mother ran away to live in Mexico and the child has been living with the dad. The parents fought for custody of this chid for many years and finally custody was awarded to both. The child is now a troubled teenager who is verbally and physically abusing the dad. The dad does not want to live with the daughter anymore as it has become unbearable and quite abusive. The mother is coming to Los Angels to visit the the daughter for Christmas at which time the father intends on leaving the state and leaving the daughter with the mom thereby forcing the mom to take care of the child. What are the legal ramification if the dad does this? I am trying to advice him against doing this but he says he will otherwise kill himself as it has gotten that bad and the mother apparently doesn't want the daughter either. It's very sad but the child is very very bad as I have witnessed her evilness as well. Any advice would be helpful. Thank you.
1 Answer from Attorneys
The child is 13 years old. What your friend is considering is legal abandonment of the child which is a crime. If the child is deeply troubled and refuses to submit to appropriate parental control, your friend as a responsible parent needs to report the child to the juvenile court authorities and have her made a ward of the juvenile court pursuant to Welfare and Institutions Code Sec. 600. Rather than judge the child, it would be more useful to get her under the care of guardians who are able to provide for her. Once the child is a ward of the court, it may provide your friend with the opportunity to work out a support order that is appropriate or for him to formally give up his parental rights.
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