Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My daughter is 12 years ad 7 months. She wants to stay with

me (father) and start private...
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?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
8/17/2013
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,495
Experience: Attorney with 17 years experience
Verified
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.
.
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?
.
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.
.
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.
.
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.
.
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.
.
.
Thanks
Barrister
Ask Your Own Family Law Question
Customer reply replied 4 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.
.
.Thanks
Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,495
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,495
39,495 Satisfied Customers
Experience: Attorney with 17 years experience

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

39,495 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
NY.....joint custody but physical custody with mom....dad in
Hello, NY.....joint custody but physical custody with mom....dad in VA. Mom decides to homeschool without telling dad, which he is failing. Dad called the school 3 months ago as the mom stated a psych… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
I was not properly served by the custodial parent. Instead,
I was not properly served by the custodial parent. Instead, she falsely told the County clerk's Of Alameda that I was served. What should I do? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,868 satisfied customers
Story I've had full physical custody of my daughter since
Long story I've had full physical custody of my daughter since she was 18 months old. I was recently put on night shift over the last year which put my daughter in the care of a baby sitter all day an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
If a custodial parent with joint custody moves and leaves
If a custodial parent with joint custody moves and leaves the child with her parents (the child sees this parent once...maybe twice in a 2 week period), can that be considered abandonment? This has be… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,256 satisfied customers
I have sole physical custody. I have joint legal custody
I have sole physical custody. I have joint legal custody with me having tie breaking decision. I want to get a passport for my child but the other parent does not agree and refuses to sign for it.I ha… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
I am the non-custodial parent (mother) of a 17 year old
I am the non-custodial parent (mother) of a 17 year old daughter who has been hospitalized for suicidal thoughts, running away and cutting. She does not want to return to her father's home. She fears … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I have joint custody but full physical custody of my
i have joint custody but full physical custody of my daughter. she is 14 and decided to stay at her gradparents and wont come home now. and the cops are not helping what can i file to get her back and… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
Im in California...have sole legal and physical custody of
Hello.....im in California...have sole legal and physical custody of child...father just got out of prison ..did a 5 year term ...immediatly wants ,visitation...what are his rights ..… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I have Sole Legal and Physical Custody of my two minor
I have Sole Legal and Physical Custody of my two minor children. Can their dad give verbal consent for another person to speak to someone at their Dr's office regarding their medical file? Can he chan… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
My grandsons mother is trying to be the custodial parent. My
Hello my grandsons mother is trying to be the custodial parent. My son is trying to have joint custody she filed in court my son needs a lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I live in Pa. I have primary physical custody of my son for
I live in Pa. I have primary physical custody of my son for 10 years since divorce, he'll be 15yrs old next month. I am looking to relocate to England in the beginning of the 2018. His father will not… read more
lawyerJ
lawyerJ
Juris Doctorate
143 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
Custody parent loses driver license can non custody parent
custody parent loses driver license can non custody parent get or file for custody … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
I have sole legal and physical custody.... visitations are
i have sole legal and physical custody.... visitations are supposed to be agreed upon both parties. however, due to my childrens hostile behavior I told him to meet the children supervised at a park o… read more
Sue
Sue
Juris Doctorate
240 satisfied customers
Family law. I have sole legal and physical custody. My ex
Family law. I have sole legal and physical custody. My ex does not agree with me homeschooling. I have provided him with all the weekly plan book and plenty of copies of worksheets he did through out … read more
lawyerJ
lawyerJ
Juris Doctorate
143 satisfied customers
I have joint legal and primary physical custody of my son.
I have joint legal and primary physical custody of my son. He is currently doing visitation with his mother and she has been sending horrible text messages this week-- they include:• threats of not re… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have full legal and primary physical custody of my son. I
My name is***** and I have full legal and primary physical custody of my son. I originally lived in Frederick county, but since have moved to Baltimore county. My son's mother removed him from the US … read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x