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Question

What is the detrimental effect of our daughter changing from flying to see me once a month to every other weekend as I am disabled and she wants this but Minor's Counsel says that it is something that would be harmful to her?

Submitted: 45 days and 9 hours ago.
Category: Mental Health
Value: $15
Status: CLOSED
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Optional Information

Gender: Female
Age: 52

Already Tried:
the court system and mediation - but am also checking with the ADA cooridinator who works in the court in Martinez, California. I have Secondary Progressive MS, and they want me to continue to fly up to Northern California to visit my daughter once a month which for me is very trying - as I need to pay for an assistant to be with me for driving, stay in a motel, and it is not "normal time" for any of us.

Posted by Kelley 45 days and 9 hours ago.

Info Request

Hi,

Thanks for using JustAnswer!

How old is your daughter?

How long has this been going on?

What is the custody arrangement?

45 days and 9 hours ago.

Reply

Daughter is 12 (will be 13 in January)

 

Custody arrangement is once every 3 weeks she flies here to San Diego (an hour and 10 minute flight) and leaves at 5:30 on Sundays getting with her father in plenty of time for school. I am very involved with her schooling even from this distance.

 

The current situation has been going on for about a year, prior to that it was much more liberal. I have never done anything to hurt our child - and my MS has been since 1991. She wants to see me more, wants to live with me, etc.

Posted by Kelley 45 days and 9 hours ago.

Answer

I just want to clarify.

She flies to see you every 3 weeks and then you fly to see her once a month? But you would like her to see you every two weeks?

What have ben the protest from the courts? How does her father feel about letting her fly to see you one more time a month?

Is there anyway you can move closer to her for the next few years until she is old enough to decide who she wants to live with, which in many states if 16.

I would suggest talking to a lawyer and even the ADA who maybe able to help. If she is already flying to see you every 3 weeks and it is not causing any issues with her emotionally or behavior wise then I do not see why moving it up to every two weeks would be harmful? I would suggest getting a laywer who is on your side to help you get through the system and to know your rights. It might also help to have her get an evaluation to see if they feel this arrangement would be harmful to her.

45 days and 9 hours ago.

Reply

I left because of DV. I chose the wrong help (Iawyer) to help me with this so I do not want to go back to the area. Her father is all about ownership. The flying has not caused any emotional behavior issues other than her insistance that no one listens to her. The court, Minor's Counsel, says his experience is that it doesn't work well for the child but does not give any examples of why.

 

Things are so bad that her father will not let her be dropped off at the house which is normally about 5 minutes from the cheap motel we stay in (with questionable people going in and out) and makes the drop off point at the Krispy Kream donut parking lot - which is just very odd. I have no reason to want to see him, and she would just be going into the house.

Answer

It is going to be really hard to over rule the minors counsel unless you get a good lawyer. Find someone who is good in family court and with minor cases. Are you wanting full custody where she would live with you? You may also be able to fight for more time in the summers/holidays where she does not have school or other obligations.

I am sorry you are going through this. I know that custody battles can be so hard. You may also want to get a therapist who can help talk with you through this difficult time.

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Expert: Kelley
Pos. Feedback: 98.8 %
Accepts: 
Answered: 10/7/2009

Licensed Clinical Social Worker

BSW, MSW, LCSW

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