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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116153
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My girlfriend Destiny Tagle (18 years old)is currently being

Customer Question

My girlfriend Destiny Tagle (18 years old)is currently being held at a psych ward for an evaluation, supposedly only lasting 72 hours but it's been extended for 14 more days. On the paper it says that she's not able to provide shelter, living conditions or to eat for herself. This is not true, I suspect the father is giving the physiatrist false information about me and my family since my girlfriend lives with me. The father is trying to make things seem to them that I can't take care of her with her condition (bi-polar disorder/schizophrenia) but now that we found out she's pregnant the dad wants to keep her away from me. Last week after her trip to the EMergancy room that her dad took her to, they took her back home and told her she can't go out with me anymore, but she tells me and sneaks her dads phone away from him to call me to pick her up, when I'm on my way to go see her. When I arrive there her dad tells me I can't take her from the house, I don't respond. But I wanted to ask my parents to come with me to talk with them since she's been living with us for a year. I talk to her for a little before my parents come and she tells me that her dad just only wants to keep her in his house and she wants to chill me with me, she feels safe with me. When my parents come we go up to the house and knock and the dad tells Destiny "what are you doing Destiny, why did you bring them here" but she didn't bring them, I did I just wanted to see how we can work as a family unit not two separate families. But he kicked us out and made Destiny go inside and told her she can't go anywhere. My parents and I left and I went to a meeting I has with a pastor which was set up for my girlfriend but since her dad didn't let let leave I went to the meeting with my mom. During the meeting Destiny called me to go get her, crying that she wanted me, she didn't want to be there at her dads house. When I was on my way her dad texted me telling me, don't go and pick her up and later texts me if me or any of my family goes to try and get her it'll start "deep programs" for Destiny, he threatened her. Right now that she's in the ward he visited once but in them at visit I heard him tell the nurse that Destint said there was no water but he knows there is. Another point, During a conversation With Destint that her dad had with her, she tries to tell him she has court, she says that and her dad tells everyone that "Destiny says she has court while she's in there, she doesn't know what she's talking about." But she did have court, she had a hearing and wasent givin legal representation during her hearing. Destiny told her dad so he can help her but rather twisted her words and now supposedly they want to hold her for a longer time. Destiny told me I can take further steps to keeping her dad away from her, what can we do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
As she is 18, she is entitled to her own legal representation and she is entitled to a court hearing to seek release from the 14 day extended involuntary commitment and SHE WAS ENTITLED TO LEGAL REPRESENTATION which should have been provided. Unfortunately, because you are not married to her you can only do so much. If she did not have legal representation at the hearing you can seek to get her representation now by going to legal aid or by calling the state bar and seeking a pro bono mental health attorney in your area to represent her. The attorney will have to file for a writ of habeas corpus to seek her release arguing she is being held against her will without any legal cause.
As she is 18, her father has no legal guardianship right over her unless he has obtained a court ordered guardianship.
At this point, if you really want to help her, you need to do what you can to find her an attorney from legal aid or from the state bar's pro bono program, because she will need one to file an appeal to get a hearing to get released.
Customer: replied 1 year ago.
Okay, thank you for your response, but in the case that she wants her dad away from her, what can we do?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The only thing you can do at this point is deal with one thing at a time. You need to get her an attorney to get her out first. Or when she gets out she will need an attorney to file for a restraining order against her father if she does not want to be around him.

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