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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33781
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My daughter is 12 years ad 7 months. She wants to stay with

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My daughter is 12 years ad 7 months. She wants to stay with me (father) and start private school as well as orthodontic therapy by me as her therapy needs have been neglected. I am a Dentist and have wanted to provide her orthodontic care however because she resides 200 miles away with her mother and step father mother gets to choose Dentist. the Dentist at their home location has recommended orthodontic care but her mother tells her she does not need it and that her teeth will look better when she grows up. Her summer ends today and she does not want to go with her mother as her conditions to communicate with me are very restricted by step father and mother and if she even attempts to communicate her step father will give her automatic consequence by making her write 3,500 complete sentences regarding that she will not communicate with her father unless it is on Sunday when he is allowed to call by a court order. I must at step father's demant text mother every sunday at 5 PM and request that Daughter call me which only is allowed about 50% if the time if that. There are many issues but I am concerned that if she leaves she will be neglected her dental therapy which should have been started already. Daughter truly desires to live with her me and attend private schools as her older siblings did. Her mother will not allow her to attend a private school regardless of any location. Court Order allows mother to pick her up today but our daughter simply does not want to leave with her and is asking if there is anything I/we can do? I feel treatment is crucial to her health development, self confidence and her self esteem which is severely compromised ever time she goes with mother and step father who is extremely controlling. What can I legally do to keep her home until an emergency hearing is allowed as the courts are closed today, Saturday?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Court Order allows mother to pick her up today but our daughter simply does not want to leave with her and is asking if there is anything I/we can do? What can I legally do to keep her home until an emergency hearing is allowed as the courts are closed today, Saturday?
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To be very honest with you, since this is not a critical time sensitive medical treatment that could endanger daughter's health, then your only recourse to keep her would be to simply violate the order and do so. Assuming you did, the ex's recourse would be to file a motion for contempt of court for you violating the order. You could then file your own motion to modify the custody order and seek primary physical custody. You would then have to appear on the motion date and address her claim by explaining that you violated the order because you felt as a parent that daughter's health needs were being neglected intentionally by the mother.
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Since the daughter is 12, the court can then listen to her preferences and then weigh that into any decision it makes. It is by no means determinative, but the judge will listen. The judge has a duty to make decisions that are "in the best interests of the child" and I would tend to agree with you that a strong self image is very important to a girl at that age. Further the opportunity to go to a private school would definitely be more beneficial than public school due to the closer interaction with teachers that the child will experience.
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Since you are both custodial parents for the child, if the mother tried to call the police and get them involved today, nine times out of ten the police will tell the parent that this is a civil matter and to take it up in family court, especially if the child is not being abused and expresses an intention to stay with the parent currenly in physical custody of them.
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But you will definitely want to get a family law attorney to assist in filing your motion to modify custody and to prepare for any motion for contempt that mother may file.
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Thanks
Barrister
Customer: replied 3 years ago.

The police will be called by mother and if ordered by the police that she must go, my daughter would and I of course would comply however is it possible that the Police could still take me to Jail based on court order to exchange today?

No this is a civil matter, not a criminal one. If they take any action at all, which I think is unlikely, they would just order you to return the child to mother. At that point you would proceed with filing the motion to modify custody.
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.Thanks
Barrister
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