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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 25076
Experience:  General practice of law with emphasis in family law.
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How old does a child have to be to testify in court to which

Customer Question

How old does a child have to be to testify in court to which parent they want to live with? My daughter was appointed an attorney inwhich he quoted ccp code 3044 best interest and another one that said she was articulate and mature enough to carry weight even though she was 7 1/2 and he admitted she wanted to be with me and so did the father and mediator but the attorney recommended Draconian measures even though they found no PAS, Coaching, psych problems, nothing. The Judge was not comfortable and that was not the mediators recommendations either. I have the transcript and they gave her to my X which is a DV perp. and said it was becasue my daughter used the words appropriate and inappropriate and that was not normal for a seven yr old (her attn said this) and that given more time with her father "we might see a change in the child's Love for the Father". this is Ca. I am pro per. I was given 1 hour 1x a wk supervised visits and taped 2 10 min calls without a hearing, just my X's attn and my daughters attorney wrote a letter between the two and said they agreed ad then they gave the judge a FOAH that did not conform and he signed it 4 months later. I didnt see or talk to her during that time and they would not contempt him nor go after him thru child abduction bec they knew we had return from mediation in May and No FOAH So truly the last order was April 30th which was 50-50 but they wouldnt enforce that order so it allowed him to keep her from me until finally in
september the visits that was 2007 and in Jan 2008 unilaterally my x pulled her from the supervised visits saying he didnt like her and put her into a new therapist that was also done unilateral (against order - both parents must agree) and that therapist listened to the phone tapes without permission and the tapes were supposed to go to my therapist and my X was not even supposed to listn to them nor did I agree to be taped thou nothing to hide with them but it is a 2 party state. the new counselor wrote a letter for immediate intervention without ever meeting me and speaking exparte with minor attorney, x husband and his attorney (exparte considering I am indespensible witness, mother and my own lawyer) so Oct 2009 they stopped the calls. I was kept out of mediation even though3170 requires it for 3 years. He still has her and when I finally got into mediation the mediator who is a school guidance counselor with no degree in Psych and is not qualified according to the rules of the court spent 5 min with me, said I was psychotic, needed meds, and treatment (isnt that practicing without a license). then she said I had to take a psych eval with a eval they all hand picked even though I have passed three and my daughters therapist who has only seen her 5 times has and will speak to the psych evaluator prior to my exam. I am not going to go to a predisposed evaluator so they can call me crazy when I am not. (I would be if I went) The mediator also said father can allow my daughter to see or talk to me anytime he wanted and he has not - not evn on Mothers day or the day we had to put my and her horse down. But I have to take this exam with this person to ever get custody. The judge adopted mediators recommendation but did not sign it nor did I or the other attorney. Then the opposing attorney and attn for my daughter wrote another fake FOAH and put it under the Judges nose months later without hearing, non conforming and this time said it was the one and only custody order and all the rest would be thrown out prob is trial was not bifurcated and the custody order and division of assest were wrapped into one 35 page doc. They thru the baby out with the bath water. I am painted into the corner. When can she talk to the court again? I just found out she has clinical depression from separation from me and she is acting out and having defiant and devient behavior of some sort bec of the new wife and new family situation. No one ever told me nor have they gotten her help. she will be 11 in Jan. My X is divorcing 2nd wife now and he is sleeping with my daughter in the same bed which the court has known about and has done nothing. They blame me for the problems she is having and I cant be the scapegoat bec I am out of her life completely. I was a stay at home mom and she had never been away from me. They ripped her from me and I cant even tell her I love her.
What can I do? What can she do? When?
Submitted: 4 years ago.
Category: Family Law
Expert:  Samuel II replied 4 years ago.



Please tell me what is it you want to accomplish at this time? You want to change the custody arrangement?


Customer: replied 4 years ago.
Absolutely, she was taken for no reason , without proper procedure, he cant have any more than 50 bec of the DV. my daughter was in the middle of the assault so we both have Victim witness and I want to use penal code 273.5 to have him arrested. He has kept her illegally, been in contempt, my daughter is suffering, I am perm diabled from his assault, Safe at Home from the state of Calif accepted me and wants her in the program but the court, my X etc.... say if they give her back, he wont know where she lives or goes to school, etc... even though that is exactly what he has done. I dont know anything. I want full custody for this horrendous conduct and contempt. I have seen her 33.5 hours in almost 3.5 years. I have reports from the supervisor and the parenting person and my counselor that I should be reunited. My X is a Chiropractor and has 4 attoreys. My daughter is developing and has a bra now and is with her father that raped me for 13 years and admitted to it under penalty of perjury. Now there is no buffer with wife 2 so my daughter is alone with him. he has gotten away with everything bec of the collusiveness of the Attn of my daughter, his attorney (who taught law at USC, is a Judge Pro Temp and a mediator) plus the judge we cant get rid of and unqualified mediators. I will let her see him if she wants but I want full legal full physical. He is an alcoholic that hasnt completed his steps, doesnt go to meetings, didnt have to take parenting classes, anger management, counseling, nothing. He raped me, beat me,sodomized me, so on and so on. They wont let me change anything unless I do this Eval by a biased collusive examiner. I have passed 3 and I know since no one has called me crazy or proven anything they tried to call me they are painting me in the cornor against my civil rights and whatever else. I would be crazy to take it from them plus, he did not pass his eval. He has major issues. Let alone the pornography, dehumanizing of women, compulsive lying, etc... It is about control. He told me if I left I would lose everything including her and I have. I am perm disabled from his assault and battery.
Expert:  Samuel II replied 4 years ago.



Thank you and I am sorry you are experiencing the difficulties you have.


The process is to go to the court that issued the Order of Custody. Request a Modification form, file it with the court. You will be assigned a hearing date. At that time, you can request the court to interview your daughter in Chambers, out of earshot of both parties so as not to intimidate her. The court will interview your daughter and then may use what she says in considering how the custody should be modified, in her best interests


Also, it seems to me that if he is half as bad as you present here, you would be able to get some assistance from your local DA to help with an investigation as to your daughter's wellbeing while living with him. The DA can enlist the help of your local child protection services to have an investigation into the living environment. So, I suggest, you also contact your local DA and give them the information you have on his pornography, sleeping with your daughter in his bed, etc. If the DA will not assist you for some reason, then you should consider contacting your local FBI office and have them investigate for the pornography to ensure it is not anything illegal. Here is that contact information


They will be very interested and will assist you, if he is into pornography that may be illegal.



If you have further questions, you may post them here and I will continue to assist. Otherwise, please ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you

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