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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102356
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 16 year old niece has tried to kill her self 2 times because

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My 16 year old niece has tried to kill her self 2 times because she hates living with her dad. Mom and dad had 50/50 mom tried to get full custody of daughter, now has lost custody of her and only has her every other weekend the daughter can not take the mental torture and isolation she experiecnces living with him what was the judge thinking?Can she file for emancipation? or because she has tried to kill herself will they deny it?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.
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This is enough to modify child custody to stop dad visitation. While the Supreme Court has ruled that kids need to be dragged kicking and screaming to visitation, if there is severe mental stress, then this is different. Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.

In this case, even if the dad has not been actively abusive, the situation is dire an NOT in the child's best interest. Mom needs to file a MODIFICATION and ask the Court to limit visitation to a few hours a week only, under a third party guard.In the alternative, the child can petition for emancipation. See here for a FAQ and step by step...http://www.courtinfo.ca.gov/selfhelp/family/emancip/emanqa.htm

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Customer: replied 7 years ago.

How can the Judge over look the recomendations of the cps and medatior?

The child stated she would run in front of a car if she had to. She does not want to go.

How can mom do a modification if she gets the same judge?

Expert:  Ely replied 7 years ago.
Absolutely. The recommendations are just that - recommendations. Was the suicide attempt before or after that?
Customer: replied 7 years ago.
They were before. Today she is supposed to go with the dad after school, she was in the hospital for the week she was to go to her dad because she refused to go with him stating to the doctor that she would hurt herself if she had to go with him, mom had tempory custody until this morning.
Expert:  Ely replied 7 years ago.
Record her saying that, then call dad, let him know, tell him you're not bringing her b/c of this and b/c this is imminent harm, then file said MOTION FOR MODIFICATION. You'll skirt contempt since she said she'd kill herself if you took her there. The Judge SHOULD amend the orders then.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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Ely and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.

does she need to have a job to be emancipated?

Expert:  Ely replied 7 years ago.
Yes - she has to show that she is financially independent.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”