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What are my daughter's options (12 years old) if she is

Customer Question
What are my daughter's...

What are my daughter's options (12 years old) if she is being emotionally abused by her father (during his parenting time visits)

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

How can we prove her case if she has no 911 calls or physical bruises?

Lawyer's Assistant: Family law varies by state. What state are you in?

I consulted an attorney and all she gave me is to wait until he actually hits her, otherwise my case will be weak , which I think it's not wise to wait until something bad occurs. I'd rather be on the safe side first

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Oregon Yes, Parenting time has been modified twice already

Submitted: 6 months ago.Category: Family Law
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Answered in 5 minutes by:
12/30/2017
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,377
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

Good morning. Is this something she tells you and conveys to you?

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Customer reply replied 6 months ago
I know it's true as I am a domestic violence survivor with the same person (8 years)
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

Thank you for the reply. It is a situation where you can motion the court and ask that visitation is supervised. If there is evidence of it and your daughter will share that this is happening, you could proceed and motion the court. It would be at your discretion to withhold visitation as a result of this and if you did, the burden would shift to the father to take you back to court and seek to hold you in contempt and you would be given a chance to explain to the Judge why this happened. At12, the Judge may ask that someone be appointed to represent the interest of the minor and evaluate her and see if she will share what the father is doing, so the Judge has evidence of what is happening.

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Customer reply replied 6 months ago
Can she write a letter to the judge and request an attorney is appointed to her?
Thank you
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

She is going to want to retain an attorney to represent her and help her proceed against the father and to be able to get the child to advise of what is happening. It is more than a situation whereby she can just write the Judge and takes motions and other legal proceedings for this to happen and be done.

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Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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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.

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