How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AttorneyTom Your Own Question
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience:  Attorney
Type Your Family Law Question Here...
AttorneyTom is online now
A new question is answered every 9 seconds

My daughter complains of verbal and emotional abuse while at

Resolved Question:

My daughter complains of verbal and emotional abuse while at her mother's house. This past week she told me that her mother started hitting her in the head and arms (she was covering her head while getting hit...that's how the arms got hit). She told her teacher, and the teacher did nothing. She went back to school today and asked to talk to the guidance counselor...she did, I recieved a call back from the school and said they would tell the county's invertention department and they would handle children's services.

My question is, I live in WV and wonder what I can do legally to protect my child from that situation and ultimately go from joint custody to full custody?

Does a child have to be a certain age to choose where she wants to live? and if so, does accusations of abuse "trump" the legal age?
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyTom replied 7 years ago.

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

Thank you for your question.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.

You can actually petition the court to grant you emergency temporary custody. If the court believes abuse may be taking place in the mother's household, the court can grant you emergency temporary custody to protect the child from future abuse. Emergency temporary custody orders allow courts to respond quickly by placing the child in another household to ensure the child's safety.

A child doesn't actually get to choose which home she lives in. Instead, if the court believes the child is sufficiently mature to express a preference, the court can evaluate that preference in determining which parent the child should reside with. However, at all times, the child's safety takes precedence. The primary focus of the court is to protect the child from danger and abuse.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.



Please click the green Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in the state for which this information is provided. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at or

AttorneyTom and other Family Law Specialists are ready to help you