Family Law Questions? Ask a Family Lawyer Online.
Thank you for selecting me for this highly sensative question.
do you have a legal seperation or divorce decree?
Do you and the father have a legal court order for custody?
do you have sole custody or is it joint custody?
Thank you for your additional information.
So I am assuming then joint custody in this matter.
A child of 14, sometimes wants and needs to be with the father, at least for a little while.
She needs to hear from her father that she is pretty, and that she is valuable, and a good kid. She may find herself when with you, in competition or at odds with you. this is a dynamic that often happens in parental dyads where there has been a divorce and the family is split up.
While the father may have abused you, he might not be abusing the child. this is a common dynamic. It is hard for me to believe, if she is asking and wanting to stay with him, that he is abusing her. Children know when the parent is not good for them, and will not stay with them or want to be alone with them, even if there were a custody agreement requiring it.
Now I do not think she does not want to stay with you. I think she is torn. I believe she wants to be with you, and with her father. She probably misses that in her life. So for some reason, either because the father made it easy, or even might have insisted, or because you and her had an argument recently, she made the easy choice to remain there.
You do however have a right to be concerned. You have a right to be concerned because, though she may not be in danger, his propensity for violence means that she is at risk. She may not realize she is at risk, because of her youthful mind, and youthful invincibility. (it won't happen to me like it does to mom)
That you have no address and do not know where she is, and because she is a minor, in this situation, you have a right to get the police involved. He is doing what in legal circles they call, interfering with the custody of a minor. IN your situation, you have joint custody, and he is interfering with your custody; and as a parent you are entitled to know where your daughter is, other than simply with the father.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).