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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I am in CA. My 15 year old daughter's adult sisters,

Customer Question

I am in CA. My 15 year old daughter's adult sisters, 21 and 30, have taken my minor daughter from me, because they don't like my rules of restriting phone use, and refusing to allow her to go to unsupervised bonfires, etc., I have sole legal and physical custody. My adult children are angry at me for setting boundaries with them, and this is a power and control move. They don't want to deal with it. My minor child is showing signs of brainwashing. All of my efforts to contact her are monitored, or blocked. Now, she refused to get in the car with me, talks to me with a robotic tone repeating mantra's when I try to engage ingage a reasonable conversation with her (programming). I'm have been working with a family psychologist, two school psychologists, two school priniciples and my daughter's pediatritian (she is ADHD, 3 years cognatively delayed, very tiny, and physically delayed in maturation and has to take Vyavance). For the past two years, my grandson has spent the summers at my home so my 15 year old could babysit in the summer (unpaid). I told my oldest daughter she couldn't use my 15 year old any longer without paying her. Now, I'm told my 30 year old daughter is threatening that she is going to get custody and child support from me, even though she is holding my minor child against my will. The police dept told me they can't help me. A restrining order won't prevent my older children from taking my minor child. My minor daughter and I had a very close relationship. I have several witnesses to this fact. Text messages and facebook exchanges would show the same, with a sudden change in communication since they took her March 28th. I contacted the police right away. They told me, if they don't have to use their weapons, they can't help me. I am beside myself. Is there no law that will support my parental authority and hold her sister's accountable for violating my authority where it concerns my minor daughter?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
I suggest you have a few things in your favor here and I am not sure why the DA or the police will not help you.
1 - It is a misdemeanor crime for anyone to entice a minor to leave their home. And it can be charged against the two sisters. You can read the law under CA
272. (a) (1) Every person who commits any act or omits the
performance of any duty, which act or omission causes or tends to
cause or encourage any person under the age of 18 years to come
within the provisions of Section 300, 601, or 602 of the Welfare and
Institutions Code or which act or omission contributes thereto, or
any person who, by any act or omission, or by threats, commands, or
persuasion, induces or endeavors to induce any person under the age
of 18 years or any ward or dependent child of the juvenile court to
fail or refuse to conform to a lawful order of the juvenile court, or
to do or to perform any act or to follow any course of conduct or to
so live as would cause or manifestly tend to cause that person to
become or to remain a person within the provisions of Section 300,
601, or 602 of the Welfare and Institutions Code, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than one year, or by
both fine and imprisonment in a county jail, or may be released on
probation for a period not exceeding five years.
(2) For purposes of this subdivision, a parent or legal guardian
to any person under the age of 18 years shall have the duty to
exercise reasonable care, supervision, protection, and control over
their minor child.
2 - You can certainly file for a restraining order against the others/sisters on behalf of your minor child. You will need to state that the fact they have in essence kidnapped your minor daughter is in and of itself detrimental to the heath, safety and well being of the minor child. You should be able to fill out a statement of charges in the local courts - magistrate/district court to have the protective order issued. If that is granted, then the police must go get your daughter and return her to you. There will be a hearing where the sisters will need to appear and Show Cause as to why the order should not be made permanent against them
Again, I am not sure why the DA nor the police do not want to assist you with this. I suggest, you can contact the DA again and recite the above law and ask why that is not pertinent. That you are concerned for the safety and well being of your daughter and should anything happen to her it would be a basis for a lawsuit against them because you have been seeking help.