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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Family Law
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Experience:  Attorney
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My daughter complains of verbal and emotional abuse while at

Resolved Question:

My daughter complains of verbal and emotional abuse while at her mother's house. This past week she told me that her mother started hitting her in the head and arms (she was covering her head while getting hit...that's how the arms got hit). She told her teacher, and the teacher did nothing. She went back to school today and asked to talk to the guidance counselor...she did, I recieved a call back from the school and said they would tell the county's invertention department and they would handle children's services.

My question is, I live in WV and wonder what I can do legally to protect my child from that situation and ultimately go from joint custody to full custody?

Does a child have to be a certain age to choose where she wants to live? and if so, does accusations of abuse "trump" the legal age?
Submitted: 4 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 4 years ago.

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You can actually petition the court to grant you emergency temporary custody. If the court believes abuse may be taking place in the mother's household, the court can grant you emergency temporary custody to protect the child from future abuse. Emergency temporary custody orders allow courts to respond quickly by placing the child in another household to ensure the child's safety.

A child doesn't actually get to choose which home she lives in. Instead, if the court believes the child is sufficiently mature to express a preference, the court can evaluate that preference in determining which parent the child should reside with. However, at all times, the child's safety takes precedence. The primary focus of the court is to protect the child from danger and abuse.

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Thoreau (T-USA), Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 2 other Family Law Specialists are ready to help you

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