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A friend plans on leaving his 13 year old troubled daughter

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A friend plans on leaving his 13 year old troubled daughter with the mom when the mom comes to visit him in California. He plans on moving out of state without mom or daughter knowing. The child has been living with the dad but he can't handle her anymore. The mom is visiting from abroad and does not live in the USA. The dad hopes that the mom will take the child with her or that this will force the mom to come back to live in the USA. If either one of those scenarios happen all will be fine. However, it is possible and most likely that the mom decides to leave the country and go back to her home without the child. The question is: Will the abandonment be on mom or dad or both? They both share mutual custody but the child had been living with the dad for 5 or so years.
Thank you.. I have a desperate friend in need of advice. (BTW I'm sure if the mom leaves the child alone, dad will go back.. I think he is using this as a ploy but I don't think it will work.. I want to inform him of the legal ramifications) Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  LawHelpNow replied 1 year ago.

Hello Claudia,

My name isXXXXX a licensed attorney and glad to try and help out.

Under the scenario you have outlined, both parents would potentially be liable for an allegation of abandonment, pursuant to California Family Code §§ 7820-7829.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.

I hope all works out for you.

Customer: replied 1 year ago.

Thank you.. Is there something smarter that my friend can do legally to make the mom stay and live with the child? Like i said, they both have custody but the mom moved to Mexico and left the child with dad and he is not sure what to do because the child is abusing him physically and emotionally... Can my friend make the courts take her passport so she doesn't leave without her child?

Expert:  LawHelpNow replied 1 year ago.
Hi Claudia,
Thanks for writing back. Good to hear from you.
I have seen this before and I wish there was a simple answer. In all candor, the system is pretty ill-equipped to deal with this sort of scenario. We have competing interests and rights (natural rights and responsibilities of parents, statutory enactments) combined with the international jurisdictional aspects of the case. In other words, it's a huge mess. Your friend, if he wants to see something change here, is just going to have to confer with local family law counsel. I wish there was a simple approach, but it just doesn't exist. The good news is he could do so for a very modest fee. Otherwise, your only recourse if concerned would be to contact the child welfare authorities while the child is here.
Hope that helps some more. Just let me know if that makes sense.
Take care,
Ben
Customer: replied 1 year ago.

Ok.. Thank you very much for your help.

Expert:  LawHelpNow replied 1 year ago.
Hi Claudia,
My pleasure entirely...you are most welcome!
Have a good weekend,
Ben
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7592
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 5 other Family Law Specialists are ready to help you
Expert:  LawHelpNow replied 1 year ago.
Hello Claudia,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben

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