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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I am my (almost 8)daughters primary parent, and I just got

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I am my (almost 8)daughter's primary parent, and I just got off the phone with her. She is distressed/sad. Said her dad kicked her in front of others because of a noise she makes. Also that she was in trouble/everyone was angry with her because her half brother had gotten hurt because of her. She said her dad didn't want her to tell me. She wanted me to come get her/but she didn't want me to ask her dad/said he wouldn't let her and she didn't want to hurt HIS feelings(he's a master at guilt and manipulation). She does not lie, and he is not trustworthy-could be aggresive/tempermental/maybe violent. My question? Do I have the right to go get her in during his time? Does she have to go with her dad if she doesn't want in the future? What are her rights? What are my rights? How do I protect her? What can I do? Should I call any authorities? CPS?
Thank you.
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.

Consider calling the police and informing them that your eight year old daughter called and said her father kicked her and was angry. Ask them to meet you at the house to see if she needs medical care and to remove her.

After she is returned into your care, obtain a restraining order for her against her father. You can then file for no visitation or supervised visitation only.
Customer: replied 8 years ago.
O.K, in the future-does she have to go with him if she doesn't want to?
Expert:  Ellen replied 8 years ago.

Until you obtain a court order to the contrary, she needs to adhere to the current order. The restraining order would be an order to the contrary. With the restraining order she would not need to go.
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